_h0471er

HB 471

A bill to be entitled

An act relating to fish and wildlife; amending s. 370.01,

F.S.; defining the term "commercial harvester"; amending

s. 370.021, F.S.; providing for base penalties; conforming

penalty provisions for commercial harvesters; providing

penalties for persons other than commercial harvesters;

conforming provisions relating to the spiny lobster;

amending s. 370.028, F.S.; conforming penalty provisions;

amending s. 370.061, F.S.; correcting a cross-reference;

amending ss. 370.063, 370.08, 370.081, 370.1105, 370.1121,

370.13, 370.135, 370.14, and 370.142, F.S.; conforming

penalty provisions for commercial harvesters; providing

penalties for persons other than commercial harvesters;

conforming provisions relating to the spiny lobster;

deleting obsolete provisions; amending s. 372.562, F.S.;

conforming a provision providing an exemption from fees

and requirements; amending s. 372.57, F.S.; specifying

seasonal recreational activities for which a license or

permit is required; increasing fees for certain licenses

to conform; providing a fee for a crossbow season permit;

providing for crossbow season permits; providing penalties

for the production, possession, and use of fraudulent

fishing and hunting licenses; providing penalties for the

taking of game and fish with a suspended or revoked

license; conforming provisions relating to the spiny

lobster; amending s. 372.5704, F.S.; conforming penalty

provisions; amending ss. 372.571 and 372.573, F.S.;

correcting cross-references; amending s. 372.5717, F.S.;

authorizing the Fish and Wildlife Conservation Commission

to defer the hunter safety education course requirement

for a specified time period and for a specified number of

times; providing for a special authorization and

conditions to hunt using a hunter safety education

deferral; deleting the mandatory minimum number of

instructional hours for persons required to take the

hunter safety education course; providing an exemption for

the display of hunter safety education certificates;

providing penalties; amending s. 372.83, F.S.; revising

the penalties for violations of rules, orders, and

regulations of the Fish and Wildlife Conservation

Commission; creating penalties for recreational violations

of certain saltwater fishing regulations established in

ch. 370, F.S.; providing for court appearances in certain

circumstances; providing for Level One, Level Two, Level

Three, and Level Four offenses; providing for enhanced

penalties for multiple violations; providing for

suspension and revocation of licenses and permits,

including exemptions from licensing and permit

requirements; defining the term "conviction" for purposes

of penalty provisions; creating s. 372.935, F.S.;

providing penalties for violations involving captive

wildlife and poisonous or venomous reptiles; specifying

violations that constitute noncriminal infractions or

second-degree misdemeanors; amending ss. 372.26, 372.265,

372.661, 372.662, 372.667, 372.705, 372.988, 372.99022,

372.99, and 372.9903, F.S.; conforming penalty provisions;

amending s. 921.0022, F.S.; deleting certain Level One

offense designations; creating s. 372.831, F.S.; creating

the Wildlife Violators Compact; providing findings and

purposes; providing definitions; providing procedures for

states issuing citations for wildlife violations;

providing requirements for the home state of a violator;

providing for reciprocal recognition of a license

suspension; providing procedures for administering the

compact; providing for entry into and withdrawal from the

compact; providing for construction of the compact and for

severability; creating s. 372.8311, F.S.; providing for

enforcement of the compact by the Fish and Wildlife

Conservation Commission; providing that actions committed

or omitted by the Fish and Wildlife Conservation

Commission in enforcing the compact are subject to review

under ch. 120, F.S.; requiring that the Fish and Wildlife

Conservation Commission update the automated licensing

system by August 1, 2006; repealing s. 372.711, F.S.,

relating to noncriminal infractions; repealing s. 372.912,

F.S.; relating to poisonous or venomous reptile hunts;

providing an effective date.

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

Section 1. Present subsections (5) through (28) of section

370.01, Florida Statutes, are redesignated as subsections (6)

through (29), respectively, and a new subsection (5) is added to

that section, to read:

370.01 Definitions.--In construing these statutes, where

the context does not clearly indicate otherwise, the word,

phrase, or term:

(5) "Commercial harvester" means any person, firm, or

corporation that takes, harvests, or attempts to take or harvest

saltwater products for sale or with intent to sell; that is

operating under or is required to operate under a license or

permit or authorization issued pursuant to this chapter; that is

using gear that is prohibited for use in the harvest of

recreational amounts of any saltwater product being taken or

harvested; or that is harvesting any saltwater product in an

amount that is at least two times the recreational bag limit for

the saltwater product being taken or harvested.

Section 2. Subsections (1), (2), (4), (5), (6), and (12)

of section 370.021, Florida Statutes, are amended to read:

100

370.021 Administration; rules, publications, records;

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penalties; injunctions.--

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(1) BASE PENALTIES.--Unless otherwise provided by law, any

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person, firm, or corporation who violates ~~is convicted for~~

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~~violating~~ any provision of this chapter, or any rule of the Fish

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and Wildlife Conservation Commission relating to the

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conservation of marine resources, shall be punished:

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(a) Upon a first conviction, by imprisonment for a period

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of not more than 60 days or by a fine of not less than $100 nor

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more than $500, or by both such fine and imprisonment.

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(b) On a second or subsequent conviction within 12 months,

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by imprisonment for not more than 6 months or by a fine of not

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less than $250 nor more than $1,000, or by both such fine and

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imprisonment.

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Upon final disposition of any alleged offense for which a

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citation for any violation of this chapter or the rules of the

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commission has been issued, the court shall, within 10 days,

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certify the disposition to the commission.

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(2) MAJOR VIOLATIONS.--In addition to the penalties

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provided in paragraphs (1)(a) and (b), the court shall assess

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additional penalties against any commercial harvester ~~person,~~

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~~firm, or corporation~~ convicted of major violations as follows:

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(a) For a violation involving more than 100 illegal blue

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crabs, spiny lobster ~~crawfish~~, or stone crabs, an additional

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penalty of $10 for each illegal blue crab, spiny lobster

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~~crawfish~~, stone crab, or part thereof.

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(b) For a violation involving the taking or harvesting of

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shrimp from a nursery or other prohibited area, or any two

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violations within a 12-month period involving shrimping gear,

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minimum size (count), or season, an additional penalty of $10

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for each pound of illegal shrimp or part thereof.

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oysters from nonapproved areas or the taking or possession of

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unculled oysters, an additional penalty of $10 for each bushel

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of illegal oysters.

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(d) For a violation involving the taking or harvesting of

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clams from nonapproved areas, an additional penalty of $100 for

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each 500 count bag of illegal clams.

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(e) For a violation involving the taking, harvesting, or

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possession of any of the following species, which are

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endangered, threatened, or of special concern:

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1. Shortnose sturgeon (Acipenser brevirostrum);

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2. Atlantic sturgeon (Acipenser oxyrhynchus);

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3. Common snook (Centropomus undecimalis);

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4. Atlantic loggerhead turtle (Caretta caretta caretta);

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5. Atlantic green turtle (Chelonia mydas mydas);

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6. Leatherback turtle (Dermochelys coriacea);

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7. Atlantic hawksbill turtle (Eretmochelys imbricata

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imbracata);

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8. Atlantic ridley turtle (Lepidochelys kempi); or

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9. West Indian manatee (Trichechus manatus latirostris),

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an additional penalty of $100 for each unit of marine life or

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part thereof.

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(f) For a second or subsequent conviction within 24 months

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for any violation of the same law or rule involving the taking

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or harvesting of more than 100 pounds of any finfish, an

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additional penalty of $5 for each pound of illegal finfish.

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(g) For any violation involving the taking, harvesting, or

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possession of more than 1,000 pounds of any illegal finfish, an

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additional penalty equivalent to the wholesale value of the

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illegal finfish.

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(h) Permits issued to any commercial harvester ~~person,~~

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~~firm, or corporation~~ by the commission to take or harvest

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saltwater products, or any license issued pursuant to s. 370.06

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or s. 370.07 may be suspended or revoked by the commission,

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pursuant to the provisions and procedures of s. 120.60, for any

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major violation prescribed in this subsection:

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1. Upon a first conviction, for up to 30 calendar days.

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2. Upon a second conviction which occurs within 12 months

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after a prior violation, for up to 90 calendar days.

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3. Upon a third conviction which occurs within 24 months

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after a prior conviction, for up to 180 calendar days.

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4. Upon a fourth conviction which occurs within 36 months

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after a prior conviction, for a period of 6 months to 3 years.

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(i) Upon the arrest and conviction for a major violation

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involving stone crabs, the licenseholder must show just cause

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why his or her license should not be suspended or revoked. For

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the purposes of this paragraph, a "major violation" means a

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major violation as prescribed for illegal stone crabs; any

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single violation involving possession of more than 25 stone

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crabs during the closed season or possession of 25 or more

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whole-bodied or egg-bearing stone crabs; any violation for trap

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molestation, trap robbing, or pulling traps at night; or any

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combination of violations in any 3-consecutive-year period

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wherein more than 75 illegal stone crabs in the aggregate are

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involved.

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(j) Upon the arrest and conviction for a major violation

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involving spiny lobster ~~crawfish~~, the licenseholder must show

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just cause why his or her license should not be suspended or

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revoked. For the purposes of this paragraph, a "major violation"

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means a major violation as prescribed for illegal spiny lobster

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~~crawfish~~; any single violation involving possession of more than

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25 spiny lobster ~~crawfish~~ during the closed season or possession

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of more than 25 wrung spiny lobster ~~crawfish~~ tails or more than

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25 egg-bearing or stripped spiny lobster ~~crawfish~~; any violation

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for trap molestation, trap robbing, or pulling traps at night;

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or any combination of violations in any 3-consecutive-year

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period wherein more than 75 illegal spiny lobster ~~crawfish~~ in

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the aggregate are involved.

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(k) Upon the arrest and conviction for a major violation

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involving blue crabs, the licenseholder shall show just cause

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why his or her saltwater products license should not be

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suspended or revoked. This paragraph shall not apply to an

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individual fishing with no more than five traps. For the

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purposes of this paragraph, a "major violation" means a major

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violation as prescribed for illegal blue crabs, any single

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violation wherein 50 or more illegal blue crabs are involved;

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any violation for trap molestation, trap robbing, or pulling

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traps at night; or any combination of violations in any 3-

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consecutive-year period wherein more than 100 illegal blue crabs

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in the aggregate are involved.

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(l) Upon the conviction for a major violation involving

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finfish, the licenseholder must show just cause why his or her

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saltwater products license should not be suspended or revoked.

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For the purposes of this paragraph, a major violation is

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prescribed for the taking and harvesting of illegal finfish, any

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single violation involving the possession of more than 100

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pounds of illegal finfish, or any combination of violations in

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any 3-consecutive-year period wherein more than 200 pounds of

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illegal finfish in the aggregate are involved.

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(m) For a violation involving the taking or harvesting of

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any marine life species, as those species are defined by rule of

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the commission, the harvest of which is prohibited, or the

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taking or harvesting of such a species out of season, or with an

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illegal gear or chemical, or any violation involving the

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possession of 25 or more individual specimens of marine life

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species, or any combination of violations in any 3-year period

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involving more than 70 such specimens in the aggregate, the

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suspension or revocation of the licenseholder's marine life

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endorsement as provided in paragraph (h).

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The penalty provisions of this subsection apply to commercial

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harvesters and wholesale and retail dealers as defined in s.

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370.07. Any other person who commits a major violation under

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this subsection commits a Level Three violation under s. 372.83.

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Notwithstanding the provisions of s. 948.01, no court may

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suspend, defer, or withhold adjudication of guilt or imposition

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of sentence for any major violation prescribed in this

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subsection. The proceeds from the penalties assessed pursuant to

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this subsection shall be deposited into the Marine Resources

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Conservation Trust Fund to be used for marine fisheries research

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

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provided in s. 372.107, as applicable.

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(4) ADDITIONAL PENALTIES FOR MAJOR VIOLATIONS INVOLVING

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CERTAIN FINFISH.--

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(a) It is a major violation under ~~pursuant to~~ this

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section~~, punishable as provided in paragraph (3)(b),~~ for any

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person to be in possession of any species of trout, snook, or

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redfish which is three fish in excess of the recreational or

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commercial daily bag limit.

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(b) A commercial harvester who violates this subsection

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shall be punished as provided under paragraph (3)(b). Any other

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person who violates this subsection commits a Level Three

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violation under s. 372.83.

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(5) SALTWATER PRODUCTS; UNLICENSED SELLERS; ILLEGALLY

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HARVESTED PRODUCTS.--In addition to other penalties authorized

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in this chapter, any violation of s. 370.06 or s. 370.07, or

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rules of the commission implementing s. 370.06 or s. 370.07,

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involving the purchase of saltwater products by a commercial

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wholesale dealer, retail dealer, or restaurant facility for

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public consumption from an unlicensed person, firm, or

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corporation, ~~or the sale of saltwater products by an unlicensed~~

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~~person, firm, or corporation~~ or the purchase or sale of any

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saltwater product known to be taken in violation of s. 16, Art.

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X of the State Constitution, or rule or statute implementing the

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provisions thereof, by a commercial wholesale dealer, retail

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dealer, or restaurant facility, for public consumption, is a

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major violation, and the commission may assess the following

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penalties:

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

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

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

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

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prior violation, the commission may assess a civil penalty of up

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to $5,000 and may suspend the wholesale or retail dealer's

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license privileges for up to 180 calendar days.

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24-month period, the commission shall assess a civil penalty of

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$5,000 and shall suspend the wholesale or retail dealer's

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license privileges for up to 24 months.

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Any proceeds from the civil penalties assessed pursuant to this

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subsection shall be deposited into the Marine Resources

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

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for administration and processing purposes and 60 percent for

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law enforcement purposes.

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(6) PENALTIES FOR UNLICENSED SALE, PURCHASE, OR

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

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this subsection for any an unlicensed person, firm, or

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corporation who is required to be licensed under this chapter as

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a commercial harvester or a wholesale or retail dealer to sell

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or purchase any saltwater product or to harvest or attempt to

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harvest any saltwater product with intent to sell the saltwater

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product.

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(a) Any person, firm, or corporation who sells or

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purchases any saltwater product without having purchased the

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licenses required by this chapter for such sale is subject to

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~~additional~~ penalties as follows:

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1. A first violation is a misdemeanor of the second

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

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2. A second violation is a misdemeanor of the first

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

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such person may also be assessed a civil penalty of up to $2,500

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and is subject to a suspension of all license privileges under

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this chapter and chapter 372 for a period not exceeding 90 days.

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3. A third violation is a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083, with a

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mandatory minimum term of imprisonment of 6 months, and such

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person may also be assessed a civil penalty of up to $5,000 and

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is subject to a suspension of all license privileges under this

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chapter and chapter 372 for a period not exceeding 6 months.

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4. A third violation within 1 year after a second

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violation is a felony of the third degree, punishable as

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

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

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

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under this chapter and chapter 372 shall be permanently revoked.

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

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

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775.083, with a mandatory minimum term of imprisonment of 1

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

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$5,000 and all license privileges under this chapter and chapter

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372 shall be permanently revoked.

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(b) Any person whose license privileges under this chapter

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have been permanently revoked and who thereafter sells or

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purchases or who attempts to sell or purchase any saltwater

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product commits a felony of the third degree, punishable as

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

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

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

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such offense shall be forfeited pursuant to s. 370.061.

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~~person~~ whose license privileges under this chapter are under

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suspension and who during such period of suspension sells or

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purchases or attempts to sell or purchase any saltwater product

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shall be assessed the following penalties:

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

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

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misdemeanor, punishable as provided in ss. 775.082 and 775.083,

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and such commercial harvester or wholesale or retail dealer

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~~person~~ may be assessed a civil penalty of up to $2,500 and an

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additional suspension of all license privileges under this

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chapter and chapter 372 for a period not exceeding 90 days.

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2. A second violation occurring within 12 months of a

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first violation is a third degree felony, punishable as provided

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in ss. 775.082 and 775.083, with a mandatory minimum term of

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imprisonment of 1 year, and such commercial harvester or

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wholesale or retail dealer ~~person~~ may be assessed a civil

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penalty of up to $5,000 and an additional suspension of all

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license privileges under this chapter and chapter 372 for a

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period not exceeding 180 days. All property involved in such

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offense shall be forfeited pursuant to s. 370.061.

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3. A third violation within 24 months of the second

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violation or subsequent violation is a third degree felony,

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

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mandatory minimum term of imprisonment of 1 year, and such

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commercial harvester or wholesale or retail dealer ~~person~~ shall

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be assessed a mandatory civil penalty of up to $5,000 and an

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additional suspension of all license privileges under this

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chapter and chapter 372 for a period not exceeding 24 months.

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All property involved in such offense shall be forfeited

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pursuant to s. 370.061.

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(d) Any commercial harvester ~~person~~ who harvests or

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attempts to harvest any saltwater product with intent to sell

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the saltwater product without having purchased a saltwater

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products license with the requisite endorsements is subject to

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penalties as follows:

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1. A first violation is a misdemeanor of the second

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

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2. A second violation is a misdemeanor of the first

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

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such commercial harvester ~~person~~ may also be assessed a civil

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penalty of up to $2,500 and is subject to a suspension of all

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license privileges under this chapter and chapter 372 for a

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period not exceeding 90 days.

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3. A third violation is a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083, with a

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mandatory minimum term of imprisonment of 6 months, and such

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commercial harvester ~~person~~ may also be assessed a civil penalty

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

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privileges under this chapter and chapter 372 for a period not

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exceeding 6 months.

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4. A third violation within 1 year after a second

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violation is a felony of the third degree, punishable as

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

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term of imprisonment of 1 year, and such commercial harvester

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~~person~~ shall also be assessed a civil penalty of $5,000 and all

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license privileges under this chapter and chapter 372 shall be

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permanently revoked.

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

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

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775.083, with a mandatory minimum term of imprisonment of 1

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year, and such commercial harvester ~~person~~ shall also be

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

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privileges under this chapter and chapter 372 shall be

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permanently revoked.

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For purposes of this subsection, a violation means any judicial

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disposition other than acquittal or dismissal.

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

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purposes of imposing license or permit suspensions or

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revocations authorized by this chapter, the license or permit

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under which the violation was committed is subject to suspension

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or revocation by the commission. For purposes of assessing

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monetary civil or administrative penalties authorized by this

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chapter, the commercial harvester ~~person, firm, or corporation~~

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cited and subsequently receiving a judicial disposition of other

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than dismissal or acquittal in a court of law is subject to the

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monetary penalty assessment by the commission. However, if the

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license or permitholder of record is not the commercial

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harvester ~~person, firm, or corporation~~ receiving the citation

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and judicial disposition, the license or permit may be suspended

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or revoked only after the license or permitholder has been

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notified by the commission that the license or permit has been

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cited in a major violation and is now subject to suspension or

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revocation should the license or permit be cited for subsequent

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major violations.

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Section 3. Section 370.028, Florida Statutes, is amended

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to read:

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370.028 Enforcement of commission rules; penalties for

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violation of rule.--Rules of the Fish and Wildlife Conservation

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Commission shall be enforced by any law enforcement officer

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certified pursuant to s. 943.13. Except as provided under s.

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372.83, any person who violates or otherwise fails to comply

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with any rule adopted by the commission shall be punished

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pursuant to s. 370.021(1).

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Section 4. Paragraph (d) of subsection (5) of section

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370.061, Florida Statutes, is amended to read:

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370.061 Confiscation, seizure, and forfeiture of property

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and products.--

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(5) CONFISCATION AND SALE OF PERISHABLE SALTWATER

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PRODUCTS; PROCEDURE.--

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(d) For purposes of confiscation under this subsection,

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the term "saltwater products" has the meaning set out in s.

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370.01(27) ~~s. 370.01(26)~~, except that the term does not include

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saltwater products harvested under the authority of a

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recreational license unless the amount of such harvested

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products exceeds three times the applicable recreational bag

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limit for trout, snook, or redfish.

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Section 5. Section 370.063, Florida Statutes, is amended

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to read:

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370.063 Special recreational spiny lobster ~~crawfish~~

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license.--There is created a special recreational spiny lobster

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~~crawfish~~ license, to be issued to qualified persons as provided

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by this section for the recreational harvest of spiny lobster

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~~crawfish (spiny lobster)~~ beginning August 5, 1994.

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(1) The special recreational spiny lobster ~~crawfish~~

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license shall be available to any individual spiny lobster

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~~crawfish~~ trap number holder who also possesses a saltwater

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products license during the 1993-1994 license year. A person

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issued a special recreational spiny lobster ~~crawfish~~ license may

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not also possess a trap number.

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(2) The special recreational spiny lobster ~~crawfish~~

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license is required in order to harvest spiny lobster ~~crawfish~~

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from state territorial waters in quantities in excess of the

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regular recreational bag limit but not in excess of a special

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bag limit as established by the Marine Fisheries Commission for

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these harvesters before the 1994-1995 license year. Such special

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bag limit does not apply during the 2-day sport season

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established by the Fish and Wildlife Conservation Commission.

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(3) The holder of a special recreational spiny lobster

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~~crawfish~~ license must also possess the recreational spiny

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lobster ~~crawfish~~ permit required by s. 372.57(8)(d).

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(4) As a condition precedent to the issuance of a special

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recreational spiny lobster ~~crawfish license~~, the applicant must

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agree to file quarterly reports with the Fish and Wildlife

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Conservation Commission in such form as the commission requires,

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detailing the amount of the licenseholder's spiny lobster

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~~crawfish (spiny lobster)~~ harvest in the previous quarter,

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including the harvest of other recreational harvesters aboard

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the licenseholder's vessel.

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(5) The Fish and Wildlife Conservation Commission shall

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issue special recreational spiny lobster ~~crawfish~~ licenses. The

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fee for each such license is $100 per year. Each license issued

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in any license year must be renewed by June 30 of each

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subsequent year by the initial individual holder thereof.

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Noncompliance with the reporting requirement in subsection (4)

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or with the special recreational bag limit established under

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subsection (6) constitutes grounds for which the commission may

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refuse to renew the license for a subsequent license year. The

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number of such licenses outstanding in any one license year may

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not exceed the number issued for the 1994-1995 license year. A

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license is not transferable by any method. Licenses that are not

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renewed expire and may be reissued by the commission in the

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subsequent license year to new applicants otherwise qualified

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under this section.

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(6) To promote conservation of the spiny lobster

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~~(crawfish)~~ resource, consistent with equitable distribution and

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availability of the resource, the commission shall establish a

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spiny lobster management plan incorporating the special

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recreational spiny lobster ~~crawfish~~ license, including, but not

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limited to, the establishment of a special recreational bag

494

limit for the holders of such license as required by subsection

495

(2). Such special recreational bag limit must not be less than

496

twice the higher of the daily recreational bag limits.

497

(7) The proceeds of the fees collected under this section

498

must be deposited in the Marine Resources Conservation Trust

499

Fund and used as follows:

500

(a) Thirty-five percent for research and the development

501

of reliable recreational catch statistics for the spiny lobster

502

~~crawfish (spiny lobster)~~ fishery.

503

(b) Twenty percent for administration of this section.

504

505

section.

506

(8) Any person who violates this section commits a Level

507

One violation under s. 372.83.

508

Section 6. Subsection (8) is added to section 370.08,

509

Florida Statutes, to read:

510

370.08 Fishers and equipment; regulation.--

511

(8) PENALTIES.--A commercial harvester who violates this

512

section shall be punished under s. 370.021. Any other person who

513

violates this section commits a Level Two violation under s.

514

372.83.

515

Section 7. Subsection (6) is added to section 370.081,

516

Florida Statutes, to read:

517

370.081 Illegal importation or possession of nonindigenous

518

marine plants and animals; rules and regulations.--

519

(6) Any person who violates this section commits a Level

520

Three violation under s. 372.83.

521

Section 8. Subsection (4) is added to section 370.1105,

522

Florida Statutes, to read:

523

370.1105 Saltwater finfish; fishing traps regulated.--

524

(4) A commercial harvester who violates this section shall

525

be punished under s. 370.021. Any other person who violates this

526

section commits a Level Two violation under s. 372.83.

527

Section 9. Subsection (3) is added to section 370.1121,

528

Florida Statutes, to read:

529

370.1121 Bonefish; regulation.--

530

(3) A commercial harvester or wholesale or retail

531

saltwater products dealer who violates this section shall be

532

punished under s. 370.021. Any other person who violates this

533

section commits a Level Two violation under s. 372.83.

534

Section 10. Paragraphs (a), (b), (c), and (d) of

535

subsection (2) of section 370.13, Florida Statutes, are amended

536

to read:

537

370.13 Stone crab; regulation.--

538

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

539

conviction is any disposition other than acquittal or dismissal,

540

regardless of whether the violation was adjudicated under any

541

state or federal law.

542

(a) It is unlawful to violate commission rules regulating

543

stone crab trap certificates and trap tags. No person may use an

544

expired tag or a stone crab trap tag not issued by the

545

commission or possess or use a stone crab trap in or on state

546

waters or adjacent federal waters without having a trap tag

547

required by the commission firmly attached thereto.

548

1. In addition to any other penalties provided in s.

549

370.021, for any commercial harvester who violates this

550

paragraph, ~~person, firm, or corporation who violates rule 68B~~-

551

~~13.010(2), Florida Administrative Code, or rule 68B-13.011(5),~~

552

~~(6), (7), (8), or (11), Florida Administrative Code,~~ the

553

following administrative penalties apply.

554

a.1. For a first violation, the commission shall assess an

555

administrative penalty of up to $1,000 and the stone crab

556

endorsement under which the violation was committed may be

557

suspended for the remainder of the current license year.

558

b.2. For a second violation that occurs within 24 months

559

of any previous such violation, the commission shall assess an

560

administrative penalty of up to $2,000 and the stone crab

561

endorsement under which the violation was committed may be

562

suspended for 12 calendar months.

563

c.3. For a third violation that occurs within 36 months of

564

any previous two such violations, the commission shall assess an

565

administrative penalty of up to $5,000 and the stone crab

566

endorsement under which the violation was committed may be

567

suspended for 24 calendar months.

568

d.4. A fourth violation that occurs within 48 months of

569

any three previous such violations, shall result in permanent

570

revocation of all of the violator's saltwater fishing

571

privileges, including having the commission proceed against the

572

endorsement holder's saltwater products license in accordance

573

with s. 370.021.

574

2. Any other person who violates the provisions of this

575

paragraph commits a Level Two violation under s. 372.83.

576

577

Any commercial harvester ~~person~~ assessed an administrative

578

penalty under this paragraph shall, within 30 calendar days

579

after notification, pay the administrative penalty to the

580

commission, or request an administrative hearing under ss.

581

120.569 and 120.57. The proceeds of all administrative

582

penalties collected under this paragraph shall be deposited in

583

the Marine Resources Conservation Trust Fund.

584

(b) It is unlawful for any commercial harvester ~~person~~ to

585

remove the contents of another harvester's stone crab trap or

586

take possession of such without the express written consent of

587

the trap owner available for immediate inspection. Unauthorized

588

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

589

constitutes theft.

590

1. Any commercial harvester ~~person~~ convicted of theft of

591

or from a trap pursuant to this subsection or s. 370.1107 shall,

592

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

593

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

594

saltwater fishing privileges, including saltwater products

595

licenses, stone crab or incidental take endorsements, and all

596

trap certificates allotted to such commercial harvester ~~him or~~

597

~~her~~ by the commission. In such cases, trap certificates and

598

endorsements are nontransferable.

599

2. In addition, any commercial harvester ~~person, firm, or~~

600

~~corporation~~ convicted of violating the prohibitions referenced

601

in this paragraph shall also be assessed an administrative

602

penalty of up to $5,000. Immediately upon receiving a citation

603

for a violation involving theft of or from a trap and until

604

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

605

disposition other than dismissal or acquittal on such a

606

violation, the violator is prohibited from transferring any

607

stone crab or spiny lobster certificates.

608

3. Any other person who violates the provisions of this

609

paragraph commits a Level Two violation under s. 372.83.

610

611

~~corporation convicted of violating~~ commission rules that

612

prohibit any of the following:~~, commits a felony of the third~~

613

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

614

~~775.084.~~

615

a.1. The willful molestation of any stone crab trap, line,

616

or buoy that is the property of any licenseholder, without the

617

permission of that licenseholder.

618

b.2. The bartering, trading, or sale, or conspiring or

619

aiding in such barter, trade, or sale, or supplying, agreeing to

620

supply, aiding in supplying, or giving away stone crab trap tags

621

or certificates unless the action is duly authorized by the

622

commission as provided by commission rules.

623

c.3. The making, altering, forging, counterfeiting, or

624

reproducing of stone crab trap tags.

625

d.4. Possession of forged, counterfeit, or imitation stone

626

crab trap tags.

627

e.5. Engaging in the commercial harvest of stone crabs

628

during the time either of the endorsements is under suspension

629

or revocation.

630

2. Any commercial harvester who violates this paragraph

631

commits a felony of the third degree, punishable as provided in

632

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

633

3. Any other person who violates this paragraph commits a

634

Level Four violation under s. 372.83.

635

636

In addition, any commercial harvester ~~person, firm, or~~

637

~~corporation~~ convicted of violating this paragraph shall also be

638

assessed an administrative penalty of up to $5,000, and the

639

incidental take endorsement and/or the stone crab endorsement

640

under which the violation was committed may be suspended for up

641

to 24 calendar months. Immediately upon receiving a citation

642

involving a violation of this paragraph and until adjudicated

643

for such a violation, or if convicted of such a violation, the

644

person, firm, or corporation committing the violation is

645

prohibited from transferring any stone crab certificates or

646

endorsements.

647

(d) For any commercial harvester ~~person, firm, or~~

648

~~corporation~~ convicted of fraudulently reporting the actual value

649

of transferred stone crab certificates, the commission may

650

automatically suspend or permanently revoke the seller's or the

651

purchaser's stone crab endorsements. If the endorsement is

652

permanently revoked, the commission shall also permanently

653

deactivate the endorsement holder's stone crab certificate

654

accounts. Whether an endorsement is suspended or revoked, the

655

commission may also levy a fine against the holder of the

656

endorsement of up to twice the appropriate surcharge to be paid

657

based on the fair market value of the transferred certificates.

658

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

659

Statutes, is amended to read:

660

370.135 Blue crab; regulation.--

661

(1)(a) No commercial harvester ~~person, firm, or~~

662

~~corporation~~ shall transport on the water, fish with or cause to

663

be fished with, set, or place any trap designed for taking blue

664

crabs unless such commercial harvester ~~person, firm, or~~

665

~~corporation~~ is the holder of a valid saltwater products license

666

issued pursuant to s. 370.06 and the trap has a current state

667

number permanently attached to the buoy. The trap number shall

668

be affixed in legible figures at least 1 inch high on each buoy

669

used. The saltwater products license must be on board the boat,

670

and both the license and the crabs shall be subject to

671

inspection at all times. Only one trap number may be issued for

672

each boat by the commission upon receipt of an application on

673

forms prescribed by it. This subsection shall not apply to an

674

individual fishing with no more than five traps.

675

(b) It is unlawful ~~a felony of the third degree,~~

676

~~punishable as provided in s. 775.082, s. 775.083, or s. 775.084,~~

677

for any person willfully to molest any blue crab traps, lines,

678

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

679

express written consent of the trap owner.

680

1. A commercial harvester who violates this paragraph

681

commits a felony of the third degree, punishable as provided in

682

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

683

2. Any other person who violates this paragraph commits a

684

Level Four violation under s. 372.83.

685

686

Any commercial harvester ~~person~~ receiving a judicial disposition

687

other than dismissal or acquittal on a charge of willful

688

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

689

s. 370.021, shall lose all saltwater fishing privileges for a

690

period of 24 calendar months.

691

692

of or take possession of another harvester's blue crab trap

693

without the express written consent of the trap owner available

694

for immediate inspection. Unauthorized possession of another's

695

trap gear or removal of trap contents constitutes theft.

696

a. Any commercial harvester ~~person~~ receiving a judicial

697

disposition other than dismissal or acquittal on a charge of

698

theft of or from a trap pursuant to this section or s. 370.1107

699

shall, in addition to the penalties specified in s. 370.021 and

700

the provisions of this section, permanently lose all ~~his or her~~

701

saltwater fishing privileges, including any ~~his or her~~ saltwater

702

products license and blue crab endorsement. In such cases

703

endorsements~~, landings history, and trap certificates~~ are

704

nontransferable.

705

b. In addition, any commercial harvester ~~person, firm, or~~

706

~~corporation~~ receiving a judicial disposition other than

707

dismissal or acquittal for violating this subsection or s.

708

370.1107 shall also be assessed an administrative penalty of up

709

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

710

involving theft of or from a trap and until adjudicated for such

711

a violation, or receiving a judicial disposition other than

712

dismissal or acquittal for such a violation, the commercial

713

harvester ~~person, firm, or corporation~~ committing the violation

714

is prohibited from transferring any blue crab endorsements,

715

~~landings history, or trap certificates~~.

716

2. A commercial harvester who violates this paragraph

717

shall be punished under s. 370.021. Any other person who

718

violates this paragraph commits a Level Two violation under s.

719

372.83.

720

Section 12. Section 370.14, Florida Statutes, is amended

721

to read:

722

370.14 Spiny lobster ~~Crawfish~~; regulation.--

723

(1) It is the intent of the Legislature to maintain the

724

spiny lobster ~~crawfish~~ industry for the economy of the state and

725

to conserve the stocks supplying this industry. The provisions

726

of this act regulating the taking of spiny lobster ~~saltwater~~

727

~~crawfish~~ are for the purposes of ensuring and maintaining the

728

highest possible production of spiny lobster ~~saltwater crawfish~~.

729

(2)(a)1. Each commercial harvester ~~person~~ taking or

730

attempting to take spiny lobster ~~crawfish~~ with a trap in

731

commercial quantities or for commercial purposes shall obtain

732

and exhibit a spiny lobster ~~crawfish~~ trap number, as required by

733

the Fish and Wildlife Conservation Commission. The annual fee

734

for a spiny lobster ~~crawfish~~ trap number is $125. This trap

735

number may be issued by the commission upon the receipt of

736

application by the commercial harvester ~~person~~ when accompanied

737

by the payment of the fee. The design of the applications and of

738

the trap number shall be determined by the commission. Any trap

739

or device used in taking or attempting to take spiny lobster

740

~~crawfish~~, other than a trap with the trap number, shall be

741

seized and destroyed by the commission. The proceeds of the fees

742

imposed by this paragraph shall be deposited and used as

743

provided in paragraph (b). The commission may adopt rules to

744

carry out the intent of this section.

745

2. Each commercial harvester ~~person~~ taking or attempting

746

to take spiny lobster ~~crawfish~~ in commercial quantities or for

747

commercial purposes by any method, other than with a trap having

748

a spiny lobster ~~crawfish~~ trap number issued by the commission,

749

must pay an annual fee of $100.

750

(b) Twenty-five dollars of the $125 fee for a spiny

751

lobster ~~crawfish~~ trap number required under subparagraph (a)1.

752

must be used only for trap retrieval as provided in s. 370.143.

753

The remainder of the fees collected pursuant to paragraph (a)

754

shall be deposited as follows:

755

1. Fifty percent of the fees collected shall be deposited

756

in the Marine Resources Conservation Trust Fund for use in

757

enforcing the provisions of paragraph (a) through aerial and

758

other surveillance and trap retrieval.

759

2. Fifty percent of the fees collected shall be deposited

760

as provided in s. 370.142(5).

761

(3) The spiny lobster ~~crawfish~~ license must be on board

762

the boat, and both the license and the harvested spiny lobster

763

~~crawfish~~ shall be subject to inspection at all times. Only one

764

license shall be issued for each boat. The spiny lobster

765

~~crawfish~~ license number must be prominently displayed above the

766

topmost portion of the boat so as to be easily and readily

767

identified.

768

(4)(a) It is unlawful ~~a felony of the third degree,~~

769

~~punishable as provided in s. 775.082 or s. 775.083,~~ for any

770

person willfully to molest any spiny lobster ~~crawfish~~ traps,

771

lines, or buoys belonging to another without permission of the

772

licenseholder.

773

(b) A commercial harvester who violates this subsection

774

commits a felony of the third degree, punishable as provided in

775

s. 775.082 or s. 775.083. Any other person who violates this

776

subsection commits a Level Four violation under s. 372.83.

777

(5) Any spiny lobster ~~crawfish~~ licenseholder, upon selling

778

licensed spiny lobster ~~crawfish~~ traps, shall furnish the

779

commission notice of such sale of all or part of his or her

780

interest within 15 days thereof. Any holder of said license

781

shall also notify the commission within 15 days if his or her

782

address no longer conforms to the address appearing on the

783

license and shall, as a part of such notification, furnish the

784

commission with his or her new address.

785

(6)(a) By a special permit granted by the commission, a

786

Florida-licensed seafood dealer may lawfully import, process,

787

and package spiny lobster ~~saltwater crawfish~~ or uncooked tails

788

of the species Panulirus argus during the closed season.

789

However, spiny lobster ~~crawfish~~ landed under special permit

790

shall not be sold in the state.

791

(b) The licensed seafood dealer importing any such spiny

792

lobster ~~crawfish~~ under the permit shall, 12 hours prior to the

793

time the seagoing vessel or airplane delivering such imported

794

spiny lobster ~~crawfish~~ enters the state, notify the commission

795

as to the seagoing vessel's name or the airplane's registration

796

number and its captain, location, and point of destination.

797

798

delivered to the permitholder's place of business, the spiny

799

lobster ~~crawfish~~ cargo shall be weighed and shall be available

800

for inspection by the commission. A signed receipt of such

801

quantity in pounds shall be forwarded to the commission within

802

48 hours after shipment weigh-in completion. If requested by the

803

commission, the weigh-in process will be delayed up to 4 hours

804

to allow for a commission representative to be present during

805

the process.

806

(d) Within 48 hours after shipment weigh-in completion,

807

the permitholder shall submit to the commission, on forms

808

provided by the commission, a sworn report of the quantity in

809

pounds of the spiny lobster ~~saltwater crawfish~~ received, which

810

report shall include the location of said spiny lobster ~~crawfish~~

811

and a sworn statement that said spiny lobster ~~crawfish~~ were

812

taken at least 50 miles from Florida's shoreline. The landing

813

of spiny lobster ~~crawfish~~ or spiny lobster ~~crawfish~~ tails from

814

which the eggs, swimmerettes, or pleopods have been removed; the

815

falsification of information as to area from which spiny lobster

816

~~crawfish~~ were obtained; or the failure to file the report called

817

for in this section shall be grounds to revoke the permit.

818

(e) Each permitholder shall keep throughout the period of

819

the closed season copies of the bill of sale or invoices

820

covering each transaction involving spiny lobster ~~crawfish~~

821

imported under this permit. Such invoices and bills shall be

822

kept available at all times for inspection by the commission.

823

(7)(a) A Florida-licensed seafood dealer may obtain a

824

special permit to import, process, and package uncooked tails of

825

spiny lobster ~~saltwater crawfish~~ upon the payment of the sum of

826

$100 to the commission.

827

(b) A special permit must be obtained by any airplane or

828

seagoing vessel other than a common carrier used to transport

829

spiny lobster ~~saltwater crawfish~~ or spiny lobster ~~crawfish~~ tails

830

for purchase by licensed seafood dealers for purposes as

831

provided herein upon the payment of $50.

832

833

nontransferable.

834

(8) No common carrier or employee of said carrier may

835

carry, knowingly receive for carriage, or permit the carriage of

836

any spiny lobster ~~crawfish~~ of the species Panulirus argus,

837

regardless of where taken, during the closed season, except of

838

the species Panulirus argus lawfully imported from a foreign

839

country for reshipment outside of the territorial limits of the

840

state under United States Customs bond or in accordance with

841

paragraph (7)(a).

842

Section 13. Paragraph (c) of subsection (2) of section

843

370.142, Florida Statutes, is amended to read:

844

370.142 Spiny lobster trap certificate program.--

845

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

846

PENALTIES.--The Fish and Wildlife Conservation Commission shall

847

establish a trap certificate program for the spiny lobster

848

fishery of this state and shall be responsible for its

849

administration and enforcement as follows:

850

851

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

852

lobster trap in or on state waters or adjacent federal waters

853

without having affixed thereto the trap tag required by this

854

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

855

other gear or device designed to attract and enclose or

856

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

857

not a trap as defined by commission rule ~~in rule 68B-24.006(2),~~

858

~~Florida Administrative Code~~.

859

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

860

lobster trap tags without having the necessary number of

861

certificates on record as required by this section.

862

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

863

possession of, or remove the contents of another harvester's

864

spiny lobster trap without the express written consent of the

865

trap owner available for immediate inspection. Unauthorized

866

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

867

constitutes theft.

868

a. A commercial harvester who violates this subparagraph

869

shall be punished under ss. 370.021 and 370.14. Any commercial

870

harvester ~~person~~ receiving a judicial disposition other than

871

dismissal or acquittal on a charge of theft of or from a trap

872

pursuant to this subparagraph or s. 370.1107 shall, in addition

873

to the penalties specified in ss. 370.021 and 370.14 and the

874

provisions of this section, permanently lose all his or her

875

saltwater fishing privileges, including his or her saltwater

876

products license, spiny lobster ~~crawfish~~ endorsement, and all

877

trap certificates allotted to him or her through this program.

878

In such cases, trap certificates and endorsements are

879

nontransferable.

880

b. Any commercial harvester ~~person~~ receiving a judicial

881

disposition other than dismissal or acquittal on a charge of

882

willful molestation of a trap, in addition to the penalties

883

specified in ss. 370.021 and 370.14, shall lose all saltwater

884

fishing privileges for a period of 24 calendar months.

885

c. In addition, any commercial harvester ~~person, firm, or~~

886

~~corporation~~ charged with violating this paragraph and receiving

887

a judicial disposition other than dismissal or acquittal for

888

violating this subparagraph or s. 370.1107 shall also be

889

assessed an administrative penalty of up to $5,000.

890

891

Immediately upon receiving a citation for a violation involving

892

theft of or from a trap, or molestation of a trap, and until

893

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

894

disposition other than dismissal or acquittal of such a

895

violation, the person, firm, or corporation committing the

896

violation is prohibited from transferring any spiny lobster

897

~~crawfish~~ trap certificates and endorsements.

898

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

899

370.021, a commercial harvester~~, as defined by rule 68B~~-

900

~~24.002(1), Florida Administrative Code,~~ who violates the

901

provisions of this section, or commission rules ~~the provisions~~

902

relating to spiny lobster traps ~~of chapter 68B-24, Florida~~

903

~~Administrative Code,~~ shall be punished as follows:

904

a. If the first violation is for violation of subparagraph

905

1. or subparagraph 2., the commission shall assess an additional

906

administrative ~~civil~~ penalty of up to $1,000 and the spiny

907

lobster ~~crawfish~~ trap number issued pursuant to s. 370.14(2) or

908

(6) may be suspended for the remainder of the current license

909

year. For all other first violations, the commission shall

910

assess an additional administrative ~~civil~~ penalty of up to $500.

911

b. For a second violation of subparagraph 1. or

912

subparagraph 2. which occurs within 24 months of any previous

913

such violation, the commission shall assess an additional

914

administrative ~~civil~~ penalty of up to $2,000 and the spiny

915

lobster ~~crawfish~~ trap number issued pursuant to s. 370.14(2) or

916

(6) may be suspended for the remainder of the current license

917

year.

918

c. For a third or subsequent violation of subparagraph 1.,

919

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

920

months of any previous two such violations, the commission shall

921

assess an additional administrative ~~civil~~ penalty of up to

922

$5,000 and may suspend the spiny lobster ~~crawfish~~ trap number

923

issued pursuant to s. 370.14(2) or (6) for a period of up to 24

924

months or may revoke the spiny lobster ~~crawfish~~ trap number and,

925

if revoking the spiny lobster ~~crawfish~~ trap number, may also

926

proceed against the licenseholder's saltwater products license

927

in accordance with the provisions of s. 370.021(2)(h).

928

d. Any person assessed an additional administrative ~~civil~~

929

penalty pursuant to this section shall within 30 calendar days

930

after notification:

931

(I) Pay the administrative ~~civil~~ penalty to the

932

commission; or

933

(II) Request an administrative hearing pursuant to the

934

provisions of ss. 120.569 and 120.57 ~~s. 120.60~~.

935

e. The commission shall suspend the spiny lobster ~~crawfish~~

936

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

937

person failing to comply with the provisions of sub-subparagraph

938

939

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

940

counterfeit, or reproduce a spiny lobster trap tag or

941

certificate.

942

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

943

or her possession a forged, counterfeit, or imitation spiny

944

lobster trap tag or certificate.

945

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

946

supply, agree to supply, aid in supplying, or give away a spiny

947

lobster trap tag or certificate or to conspire to barter, trade,

948

sell, supply, aid in supplying, or give away a spiny lobster

949

trap tag or certificate unless such action is duly authorized by

950

the commission as provided in this chapter or in the rules of

951

the commission.

952

6.a. Any commercial harvester ~~person~~ who violates the

953

provisions of subparagraph 5., or any commercial harvester

954

~~person~~ who engages in the commercial harvest, trapping, or

955

possession of spiny lobster without a spiny lobster ~~crawfish~~

956

trap number as required by s. 370.14(2) or (6) or during any

957

period while such spiny lobster ~~crawfish~~ trap number is under

958

suspension or revocation, commits a felony of the third degree,

959

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

960

b. In addition to any penalty imposed pursuant to sub-

961

subparagraph a., the commission shall levy a fine of up to twice

962

the amount of the appropriate surcharge to be paid on the fair

963

market value of the transferred certificates, as provided in

964

subparagraph (a)1., on any commercial harvester ~~person~~ who

965

violates the provisions of sub-subparagraph 5.c.

966

c. Any other person who violates the provisions of

967

subparagraph 5. commits a Level Four violation under s. 372.83.

968

7. Any certificates for which the annual certificate fee

969

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

970

abandoned and shall revert to the commission. During any period

971

of trap reduction, any certificates reverting to the commission

972

shall become permanently unavailable and be considered in that

973

amount to be reduced during the next license-year period.

974

Otherwise, any certificates that revert to the commission are to

975

be reallotted in such manner as provided by the commission.

976

8. The proceeds of all civil penalties collected pursuant

977

to subparagraph 4. and all fines collected pursuant to sub-

978

subparagraph 6.b. shall be deposited into the Marine Resources

979

Conservation Trust Fund.

980

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

981

period of suspension or revocation.

982

10. Except as otherwise provided, any person who violates

983

this paragraph commits a Level Two violation under s. 372.83.

984

Section 14. Paragraph (q) is added to subsection (2) of

985

section 372.562, Florida Statutes, to read:

986

372.562 Recreational licenses and permits; exemptions from

987

fees and requirements.--

988

(2) A hunting, freshwater fishing, or saltwater fishing

989

license or permit is not required for:

990

(q) Any resident who holds a valid commercial fishing

991

license issued under s. 372.65(1)(a).

992

Section 15. Subsections (4), (8), (11), and (12) of

993

section 372.57, Florida Statutes, are amended, and subsections

994

(16) and (17) are added to that section, to read:

995

372.57 Recreational licenses, permits, and authorization

996

numbers; fees established.--

997

(4) RESIDENT HUNTING AND FISHING LICENSES.--The licenses

998

and fees for residents participating in hunting and fishing

999

activities in this state are as follows:

1000

(a) Annual freshwater fishing license, $12.

1001

(b) Annual saltwater fishing license, $12.

1002

1003

(d) Annual combination hunting and freshwater fishing

1004

license, $22.

1005

(e) Annual combination freshwater fishing and saltwater

1006

fishing license, $24.

1007

(f) Annual combination hunting, freshwater fishing, and

1008

saltwater fishing license, $34.

1009

(g) Annual license to take fur-bearing animals, $25.

1010

However, a resident with a valid hunting license or a no-cost

1011

license who is taking fur-bearing animals for noncommercial

1012

purposes using guns or dogs only, and not traps or other

1013

devices, is not required to purchase this license. Also, a

1014

resident 65 years of age or older is not required to purchase

1015

this license.

1016

(h) Annual sportsman's license, $71 ~~$66~~, except that an

1017

annual sportsman's license for a resident 64 years of age or

1018

older is $12. A sportsman's license authorizes the person to

1019

whom it is issued to take game and freshwater fish, subject to

1020

the state and federal laws, rules, and regulations, including

1021

rules of the commission, in effect at the time of the taking.

1022

Other authorized activities include activities authorized by a

1023

management area permit, a muzzle-loading gun season permit, a

1024

crossbow season permit, a turkey permit, a Florida waterfowl

1025

permit, and an archery season permit.

1026

(i) Annual gold sportsman's license, $87 ~~$82~~. The gold

1027

sportsman's license authorizes the person to whom it is issued

1028

to take freshwater fish, saltwater fish, and game, subject to

1029

the state and federal laws, rules, and regulations, including

1030

rules of the commission, in effect at the time of taking. Other

1031

authorized activities include activities authorized by a

1032

management area permit, a muzzle-loading gun season permit, a

1033

crossbow season permit, a turkey permit, a Florida waterfowl

1034

permit, an archery season permit, a snook permit, and a spiny

1035

lobster ~~crawfish~~ permit.

1036

(j) Annual military gold sportsman's license, $18.50. The

1037

gold sportsman's license authorizes the person to whom it is

1038

issued to take freshwater fish, saltwater fish, and game,

1039

subject to the state and federal laws, rules, and regulations,

1040

including rules of the commission, in effect at the time of

1041

taking. Other authorized activities include activities

1042

authorized by a management area permit, a muzzle-loading gun

1043

season permit, a crossbow season permit, a turkey permit, a

1044

Florida waterfowl permit, an archery season permit, a snook

1045

permit, and a spiny lobster ~~crawfish~~ permit. Any resident who is

1046

an active or retired member of the United States Armed Forces,

1047

the United States Armed Forces Reserve, the National Guard, the

1048

United States Coast Guard, or the United States Coast Guard

1049

Reserve is eligible to purchase the military gold sportsman's

1050

license upon submission of a current military identification

1051

card.

1052

(8) SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY

1053

PERMITS.--In addition to any license required under this

1054

chapter, the following permits and fees for specified hunting,

1055

fishing, and recreational uses and activities are required:

1056

(a) An annual Florida waterfowl permit for a resident or

1057

nonresident to take wild ducks or geese within the state or its

1058

coastal waters is $3.

1059

(b)1. An annual Florida turkey permit for a resident to

1060

take wild turkeys within the state is $5.

1061

2. An annual Florida turkey permit for a nonresident to

1062

take wild turkeys within the state is $100.

1063

1064

to take or possess any snook from any waters of the state is $2.

1065

Revenue generated from the sale of snook permits shall be used

1066

exclusively for programs to benefit the snook population.

1067

(d) An annual spiny lobster ~~crawfish~~ permit for a resident

1068

or nonresident to take or possess any spiny lobster ~~crawfish~~ for

1069

recreational purposes from any waters of the state is $2.

1070

Revenue generated from the sale of spiny lobster ~~crawfish~~

1071

permits shall be used exclusively for programs to benefit the

1072

spiny lobster ~~crawfish~~ population.

1073

(e) A $5 fee is imposed for each of the following permits:

1074

1. An annual archery season permit for a resident or

1075

nonresident to hunt within the state during any archery season

1076

authorized by the commission.

1077

2. An annual crossbow season permit for a resident or

1078

nonresident to hunt within the state during any crossbow season

1079

authorized by the commission.

1080

3. An annual muzzle-loading gun season permit for a

1081

resident or nonresident to hunt within the state during any ~~with~~

1082

a muzzle-loading gun season ~~is $5. Hunting with a muzzle-loading~~

1083

~~gun is limited to game seasons in which hunting with a modern~~

1084

~~firearm is not authorized by the commission.~~

1085

~~(f) An annual archery permit for a resident or nonresident~~

1086

~~to hunt within the state with a bow and arrow is $5. Hunting~~

1087

~~with an archery permit is limited to those game seasons in which~~

1088

~~hunting with a firearm is not~~ authorized by the commission.

1089

(f)~~(g)~~ A special use permit for a resident or nonresident

1090

to participate in limited entry hunting or fishing activities as

1091

authorized by commission rule shall not exceed $100 per day or

1092

$250 per week. Notwithstanding any other provision of this

1093

chapter, there are no exclusions, exceptions, or exemptions from

1094

this permit fee. In addition to the permit fee, the commission

1095

may charge each special use permit applicant a nonrefundable

1096

application fee not to exceed $10.

1097

(g)~~(h)~~1. A management area permit for a resident or

1098

nonresident to hunt on, fish on, or otherwise use for outdoor

1099

recreational purposes land owned, leased, or managed by the

1100

commission, or by the state for the use and benefit of the

1101

commission, shall not exceed $25 per year.

1102

2. Permit fees for short-term use of land that is owned,

1103

leased, or managed by the commission may be established by rule

1104

of the commission for activities on such lands. Such permits

1105

may be in lieu of, or in addition to, the annual management area

1106

permit authorized in subparagraph 1.

1107

3. Other than for hunting or fishing, the provisions of

1108

this paragraph shall not apply on any lands not owned by the

1109

commission, unless the commission has obtained the written

1110

consent of the owner or primary custodian of such lands.

1111

(h)~~(i)~~1. A recreational user permit is required to hunt

1112

on, fish on, or otherwise use for outdoor recreational purposes

1113

land leased by the commission from private nongovernmental

1114

owners, except for those lands located directly north of the

1115

Apalachicola National Forest, east of the Ochlocknee River until

1116

the point the river meets the dam forming Lake Talquin, and

1117

south of the closest federal highway. The fee for a recreational

1118

user permit shall be based upon the economic compensation

1119

desired by the landowner, game population levels, desired hunter

1120

density, and administrative costs. The permit fee shall be set

1121

by commission rule on a per-acre basis. The recreational user

1122

permit fee, less administrative costs of up to $25 per permit,

1123

shall be remitted to the landowner as provided in the lease

1124

agreement for each area.

1125

2. One minor dependent, 16 years of age or younger, may

1126

hunt under the supervision of the permittee and is exempt from

1127

the recreational user permit requirements. The spouse and

1128

dependent children of a permittee are exempt from the

1129

recreational user permit requirements when engaged in outdoor

1130

recreational activities other than hunting and when accompanied

1131

by a permittee. Notwithstanding any other provision of this

1132

chapter, no other exclusions, exceptions, or exemptions from the

1133

recreational user permit fee are authorized.

1134

(11) RESIDENT LIFETIME HUNTING LICENSES.--

1135

(a) Lifetime hunting licenses are available to residents

1136

only, as follows, for:

1137

1. Persons 4 years of age or younger, for a fee of $200.

1138

2. Persons 5 years of age or older, but under 13 years of

1139

age, for a fee of $350.

1140

3. Persons 13 years of age or older, for a fee of $500.

1141

(b) The following activities are authorized by the

1142

purchase of a lifetime hunting license:

1143

1. Taking, or attempting to take or possess, game

1144

consistent with the state and federal laws and regulations and

1145

rules of the commission in effect at the time of the taking.

1146

2. All activities authorized by a muzzle-loading gun

1147

season permit, a crossbow season permit, a turkey permit, an

1148

archery season permit, a Florida waterfowl permit, and a

1149

management area permit, excluding fishing.

1150

(12) RESIDENT LIFETIME SPORTSMAN'S LICENSES.--

1151

(a) Lifetime sportsman's licenses are available to

1152

residents only, as follows, for:

1153

1. Persons 4 years of age or younger, for a fee of $400.

1154

2. Persons 5 years of age or older, but under 13 years of

1155

age, for a fee of $700.

1156

3. Persons 13 years of age or older, for a fee of $1,000.

1157

(b) The following activities are authorized by the

1158

purchase of a lifetime sportsman's license:

1159

1. Taking, or attempting to take or possess, freshwater

1160

and saltwater fish, and game, consistent with the state and

1161

federal laws and regulations and rules of the commission in

1162

effect at the time of taking.

1163

2. All activities authorized by a management area permit,

1164

a muzzle-loading gun season permit, a crossbow season permit, a

1165

turkey permit, an archery season permit, a Florida waterfowl

1166

permit, a snook permit, and a spiny lobster ~~crawfish~~ permit.

1167

(16) PROHIBITED LICENSES OR PERMITS.--A person may not

1168

make, forge, counterfeit, or reproduce a license or permit

1169

required under this section, except for those persons authorized

1170

by the commission to make or reproduce such a license or permit.

1171

A person may not knowingly possess a forgery, counterfeit, or

1172

unauthorized reproduction of such a license or permit. A person

1173

who violates this subsection commits a Level Four violation

1174

under s. 372.83.

1175

(17) SUSPENDED OR REVOKED LICENSES.--A person may not take

1176

game, freshwater fish, saltwater fish, or fur-bearing animals

1177

within this state if a license issued to such person as required

1178

under this section or a privilege granted to such person under

1179

s. 372.562 is suspended or revoked. A person who violates this

1180

subsection commits a Level Three violation under s. 372.83.

1181

Section 16. Subsection (5) of section 372.5704, Florida

1182

Statutes, is amended to read:

1183

372.5704 Fish and Wildlife Conservation Commission license

1184

program for tarpon; fees; penalties.--

1185

(5) Any individual including a taxidermist who possesses a

1186

tarpon which does not have a tag securely attached as required

1187

by this section commits a Level Two violation under s. 372.83

1188

~~shall be subject to penalties as prescribed in s. 370.021~~.

1189

Provided, however, a taxidermist may remove the tag during the

1190

process of mounting a tarpon. The removed tag shall remain with

1191

the fish during any subsequent storage or shipment.

1192

Section 17. Section 372.571, Florida Statutes, is amended

1193

to read:

1194

372.571 Expiration of licenses and permits.--Each license

1195

or permit issued under this chapter must be dated when issued.

1196

Each license or permit issued under this chapter remains valid

1197

for 12 months after the date of issuance, except for a lifetime

1198

license issued pursuant to s. 372.57 which is valid from the

1199

date of issuance until the death of the individual to whom the

1200

license is issued unless otherwise revoked in accordance with s.

1201

372.99, or a 5-year license issued pursuant to s. 372.57 which

1202

is valid for 5 consecutive years from the date of purchase

1203

unless otherwise revoked in accordance with s. 372.99, or a

1204

license issued pursuant to s. 372.57(5)(a), (b), (c), or (f) or

1205

(8)(f) ~~(8)(g)~~ or (g)~~(h)~~2., which is valid for the period

1206

specified on the license. A resident lifetime license or a

1207

resident 5-year license that has been purchased by a resident of

1208

this state and who subsequently resides in another state shall

1209

be honored for activities authorized by that license.

1210

Section 18. Section 372.5717, Florida Statutes, is amended

1211

to read:

1212

372.5717 Hunter safety course; requirements; penalty.--

1213

(1) This section may be cited as the Senator Joe Carlucci

1214

Hunter Safety Act.

1215

(2)(a) Except as provided in paragraph (b), a person born

1216

on or after June 1, 1975, may not be issued a license to take

1217

wild animal life with the use of a firearm, gun, bow, or

1218

crossbow in this state without having first successfully

1219

completed a hunter safety course as provided in this section,

1220

and without having in his or her personal possession a hunter

1221

safety certification card, as provided in this section.

1222

(b) A person born on or after June 1, 1975, who has not

1223

successfully completed a hunter safety course may apply to the

1224

commission for a special authorization to hunt under

1225

supervision. The special authorization for supervised hunting

1226

shall be designated on any license or permit required under this

1227

chapter for a person to take game or fur-bearing animals, and

1228

shall be valid for not more than 1 year. A special authorization

1229

for supervised hunting may not be issued more than once to the

1230

person applying for such authorization. A person issued a

1231

license with a special authorization to hunt under supervision

1232

must hunt under the supervision of, and in the presence of, a

1233

person 21 years or age or older who is licensed to hunt pursuant

1234

to s. 372.57 or who is exempt from licensing requirements or

1235

eligible for a free license pursuant to s. 372.562.

1236

(3) The Fish and Wildlife Conservation Commission shall

1237

institute and coordinate a statewide hunter safety course that

1238

~~which~~ must be offered in every county and consist of not ~~less~~

1239

~~than 12 hours nor~~ more than 16 hours of instruction including,

1240

but not limited to, instruction in the competent and safe

1241

handling of firearms, conservation, and hunting ethics.

1242

(4) The commission shall issue a permanent hunter safety

1243

certification card to each person who successfully completes the

1244

hunter safety course. The commission shall maintain records of

1245

hunter safety certification cards issued and shall establish

1246

procedures for replacing lost or destroyed cards.

1247

(5) A hunter safety certification card issued by a

1248

wildlife agency of another state, or any Canadian province,

1249

which shows that the holder of the card has successfully

1250

completed a hunter safety course approved by the commission is

1251

an acceptable substitute for the hunter safety certification

1252

card issued by the commission.

1253

(6) All persons subject to the requirements of subsection

1254

(2) must have in their personal possession, proof of compliance

1255

with this section, while taking or attempting to take wildlife

1256

with the use of a firearm, gun, bow, or crossbow and must,

1257

unless the requirement to complete a hunter safety course is

1258

deferred pursuant to this section, display a valid hunter safety

1259

certification card ~~to county tax collectors or their subagents~~

1260

in order to purchase a Florida hunting license. After the

1261

issuance of such a license, the license itself shall serve as

1262

proof of compliance with this section. A holder of a lifetime

1263

license whose license does not indicate on the face of the

1264

license that a hunter safety course has been completed must have

1265

in his or her personal possession a hunter safety certification

1266

card, as provided by this section, while attempting to take wild

1267

animal life with the use of a firearm, gun, bow, or crossbow.

1268

(7) The hunter safety requirements of this section do not

1269

apply to persons for whom licenses are not required under s.

1270

372.562(2).

1271

(8) A person who violates this section commits a Level One

1272

violation under s. 372.83 ~~shall be cited for a noncriminal~~

1273

~~infraction, punishable as provided in s. 372.711~~.

1274

Section 19. Section 372.573, Florida Statutes, is amended

1275

to read:

1276

372.573 Management area permit revenues.--The commission

1277

shall expend the revenue generated from the sale of the

1278

management area permit as provided for in s. 372.57(8)(g) s.

1279

~~372.57(8)(h)~~ or that pro rata portion of any license that

1280

includes management area privileges as provided for in s.

1281

372.57(4)(h), (i), and (j) for the lease, management, and

1282

protection of lands for public hunting, fishing, and other

1283

outdoor recreation.

1284

Section 20. Section 372.83, Florida Statutes, is amended

1285

to read:

1286

(Substantial rewording of section. See

1287

372.83, F.S., for present text.)

1288

372.83 Penalties and violations; civil penalties for

1289

noncriminal infractions; criminal penalties; suspension and

1290

forfeiture of licenses and permits.--

1291

(1)(a) LEVEL ONE VIOLATIONS.--A person commits a Level One

1292

violation if he or she violates any of the following provisions:

1293

1. Rules or orders of the commission relating to the

1294

filing of reports or other documents required to be filed by

1295

persons who hold recreational licenses and permits issued by the

1296

commission.

1297

2. Rules or orders of the commission relating to quota

1298

hunt permits, daily use permits, hunting zone assignments,

1299

camping, alcoholic beverages, vehicles, and check stations

1300

within wildlife management areas or other areas managed by the

1301

commission.

1302

3. Rules or orders of the commission relating to daily use

1303

permits, alcoholic beverages, swimming, possession of firearms,

1304

operation of vehicles, and watercraft speed within fish

1305

management areas managed by the commission.

1306

4. Rules or orders of the commission relating to vessel

1307

size or specifying motor restrictions on specified water bodies.

1308

5. Section 370.063, providing for special recreational

1309

spiny lobster licenses.

1310

6. Subsections (1) through (15) of s. 372.57, providing

1311

for recreational licenses to hunt, fish, and trap.

1312

7. Section 372.5717, providing hunter safety course

1313

requirements.

1314

8. Section 372.988, prohibiting deer hunting unless

1315

required clothing is worn.

1316

(b) A person who commits a Level One violation commits a

1317

noncriminal infraction and shall be cited to appear before the

1318

county court.

1319

1320

violation involving the license and permit requirements of s.

1321

372.57 is $50 plus the cost of the license or permit, unless

1322

subparagraph 2. applies.

1323

2. The civil penalty for committing a Level One violation

1324

involving the license and permit requirements of s. 372.57 is

1325

$100 plus the cost of the license or permit, if the person cited

1326

has previously committed the same Level One violation within the

1327

preceding 36 months.

1328

(d)1. The civil penalty for any other Level One violation

1329

is $50 unless subparagraph 2. applies.

1330

2. The civil penalty for any other Level One violation is

1331

$100 if the person cited has previously committed the same Level

1332

One violation within the preceding 36 months.

1333

(e) A person cited for a Level One violation shall sign

1334

and accept a citation to appear before the county court. The

1335

issuing officer may indicate on the citation the time and

1336

location of the scheduled hearing and shall indicate the

1337

applicable civil penalty.

1338

(f) A person cited for a Level One violation may pay the

1339

civil penalty by mail or in person within 30 days after receipt

1340

of the citation. If the civil penalty is paid, the person shall

1341

be deemed to have admitted committing the Level One violation

1342

and to have waived his or her right to a hearing before the

1343

county court. Such admission may not be used as evidence in any

1344

other proceedings except to determine the appropriate fine for

1345

any subsequent violations.

1346

(g) A person who refuses to accept a citation, who fails

1347

to pay the civil penalty for a Level One violation, or who fails

1348

to appear before a county court as required commits a

1349

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

1350

775.082 or s. 775.083.

1351

(h) A person who elects to appear before the county court

1352

or who is required to appear before the county court shall be

1353

deemed to have waived the limitations on civil penalties

1354

provided under paragraphs (c) and (d). After a hearing, the

1355

county court shall determine if a Level One violation has been

1356

committed, and if so, may impose a civil penalty of not less

1357

than $50 for a first-time violation, and not more than $500 for

1358

subsequent violations. A person found guilty of committing a

1359

Level One violation may appeal that finding to the circuit

1360

court. The commission of a violation must be proved beyond a

1361

reasonable doubt.

1362

(i) A person cited for violating the requirements of s.

1363

372.57 relating to personal possession of a license or permit

1364

may not be convicted if, prior to or at the time of a county

1365

court hearing, the person produces the required license or

1366

permit for verification by the hearing officer or the court

1367

clerk. The license or permit must have been valid at the time

1368

the person was cited. The clerk or hearing officer may assess a

1369

$5 fee for costs under this paragraph.

1370

(2)(a) LEVEL TWO VIOLATIONS.--A person commits a Level Two

1371

violation if he or she violates any of the following provisions:

1372

1. Rules or orders of the commission relating to seasons

1373

or time periods for the taking of wildlife, freshwater fish, or

1374

saltwater fish.

1375

2. Rules or orders of the commission establishing bag,

1376

possession, or size limits or restricting methods of taking

1377

wildlife, freshwater fish, or saltwater fish.

1378

3. Rules or orders of the commission prohibiting access or

1379

otherwise relating to access to wildlife management areas or

1380

other areas managed by the commission.

1381

4. Rules or orders of the commission relating to the

1382

feeding of wildlife, freshwater fish, or saltwater fish.

1383

5. Rules or orders of the commission relating to landing

1384

requirements for freshwater fish or saltwater fish.

1385

6. Rules or orders of the commission relating to

1386

restricted hunting areas, critical wildlife areas, or bird

1387

sanctuaries.

1388

7. Rules or orders of the commission relating to tagging

1389

requirements for game and fur-bearing animals.

1390

8. Rules or orders of the commission relating to the use

1391

of dogs for the taking of game.

1392

9. Rules or orders of the commission which are not

1393

otherwise classified.

1394

10. All prohibitions in chapter 370 which are not

1395

otherwise classified.

1396

11. Section 370.028, prohibiting the violation of or

1397

noncompliance with commission rules.

1398

12. Subsection 370.021(6) prohibiting the sale, purchase,

1399

harvest, or attempted harvest of any saltwater product with

1400

intent to sell.

1401

13. Section 370.08, prohibiting the obstruction of

1402

waterways with net gear.

1403

14. Section 370.1105, prohibiting the unlawful use of

1404

finfish traps.

1405

15. Section 370.1121, prohibiting the unlawful taking of

1406

bonefish.

1407

16. Paragraphs 370.13(2)(a) and (b), prohibiting the

1408

possession or use of stone crab traps without trap tags and

1409

theft of trap contents or gear.

1410

17. Paragraph 370.135(1)(c), prohibiting the theft of blue

1411

crab trap contents or trap gear.

1412

18. Paragraph 370.142 (2)(c), prohibiting the possession

1413

or use of spiny lobster traps without trap tags or certificates

1414

and theft of trap contents or trap gear.

1415

19. Section 372.5704, prohibiting the possession of tarpon

1416

without purchasing a tarpon tag.

1417

20. Section 372.667, prohibiting the feeding or enticement

1418

of alligators or crocodiles.

1419

21. Section 372.705, prohibiting the intentional

1420

harassment of hunters, fishers, or trappers.

1421

(b)1. A person who commits a Level Two violation but who

1422

has not been convicted of a Level Two or higher violation within

1423

the past 3 years commits a misdemeanor of the second degree,

1424

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

1425

2. Unless the stricter penalties in subparagraph 3. or

1426

subparagraph 4. apply, a person who commits a Level Two

1427

violation within 3 years after a previous conviction for a Level

1428

Two or higher violation commits a misdemeanor of the first

1429

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

1430

a minimum mandatory fine of $250.

1431

3. Unless the stricter penalties in subparagraph 4. apply,

1432

a person who commits a Level Two violation within 5 years after

1433

two previous convictions for a Level Two or higher violation,

1434

commits a misdemeanor of the first degree, punishable as

1435

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

1436

fine of $500 and a suspension of any recreational license or

1437

permit issued under s. 372.57 for 1 year. Such suspension shall

1438

include the suspension of the privilege to obtain such license

1439

or permit and the suspension of the ability to exercise any

1440

privilege granted under any exemption in s. 372.562.

1441

4. A person who commits a Level Two violation within 10

1442

years after three previous convictions for a Level Two or higher

1443

violation commits a misdemeanor of the first degree, punishable

1444

as provided in s. 775.082 or s. 775.083, with a minimum

1445

mandatory fine of $750 and a suspension of any recreational

1446

license or permit issued under s. 372.57 for 3 years. Such

1447

suspension shall include the suspension of the privilege to

1448

obtain such license or permit and the suspension of the ability

1449

to exercise any privilege granted under s. 372.562. If the

1450

recreational license or permit being suspended was an annual

1451

license or permit, any privileges under ss. 372.562 and 372.57

1452

may not be acquired for a 3-year period following the date of

1453

the violation.

1454

(3)(a) LEVEL THREE VIOLATIONS.--A person commits a Level

1455

Three violation if he or she violates any of the following

1456

provisions:

1457

1. Rules or orders of the commission prohibiting the sale

1458

of saltwater fish.

1459

2. Subsection 370.021(2), establishing major violations.

1460

3. Subsection 370.021(4), prohibiting the possession of

1461

certain finfish in excess of recreational daily bag limits.

1462

4. Section 370.081, prohibiting the illegal importation or

1463

possession of exotic marine plants or animals.

1464

5. Section 372.26, prohibiting the importation of

1465

freshwater fish.

1466

6. Section 372.265, prohibiting the importation of

1467

nonindigenous species of the animal kingdom without a permit

1468

issued by the commission.

1469

7. Subsection 372.57(17), prohibiting the taking of game,

1470

freshwater fish, or saltwater fish while a required license is

1471

suspended or revoked.

1472

8. Section 372.662, prohibiting the illegal sale or

1473

possession of alligators.

1474

9. Subsections 372.99(1), (3), and (6), prohibiting the

1475

illegal taking and possession of deer and wild turkey.

1476

10. Section 372.9903, prohibiting the possession and

1477

transportation of commercial quantities of freshwater game fish.

1478

(b)1. A person who commits a Level Three violation but who

1479

has not been convicted of a Level Three or higher violation

1480

within the past 10 years, commits a misdemeanor of the first

1481

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

1482

2. A person who commits a Level Three violation within 10

1483

years after a previous conviction for a Level Three or higher

1484

violation, commits a misdemeanor of the first degree, punishable

1485

as provided in s. 775.082 or s. 775.083, with a minimum

1486

mandatory fine of $750 and a suspension of any recreational

1487

license or permit issued under s. 372.57 for the remainder of

1488

the period for which the license or permit was issued up to 3

1489

years. Such suspension shall include the suspension of the

1490

privilege to obtain such license or permit and the ability to

1491

exercise any privilege granted under s. 372.562. If the

1492

recreational license or permit being suspended was an annual

1493

license or permit, any privileges under ss. 372.562 and 372.57

1494

may not be acquired for a 3-year period following the date of

1495

the violation.

1496

3. A person who commits a violation of s. 372.57(17) shall

1497

receive a mandatory fine of $1,000. Any privileges under ss.

1498

372.562 and 372.57 may not be acquired for a 5-year period

1499

following the date of the violation.

1500

(4)(a) LEVEL FOUR VIOLATIONS.--A person commits a Level

1501

Four violation if he or she violates any of the following

1502

provisions:

1503

1. Paragraph 370.13(2)(c), prohibiting criminal activities

1504

relating to the taking of stone crabs.

1505

2. Paragraph 370.135(1)(b), prohibiting the willful

1506

molestation of blue crab gear.

1507

3. Subsection 370.14(4), prohibiting the willful

1508

molestation of spiny lobster gear.

1509

4. Subparagraph 370.142(2)(c)5., prohibiting the unlawful

1510

reproduction, possession, sale, trade, or barter of spiny

1511

lobster trap tags or certificates.

1512

5. Subsection 372.57(16), prohibiting the making, forging,

1513

counterfeiting, or reproduction of a recreational license or

1514

possession of same without authorization from the commission.

1515

6. Subsection 372.99(5), prohibiting the sale of

1516

illegally-taken deer or wild turkey.

1517

7. Section 372.99022, prohibiting the molestation or theft

1518

of freshwater fishing gear.

1519

(b) A person who commits a Level Four violation commits a

1520

felony of the third degree, punishable as provided in s. 775.082

1521

or s. 775.083.

1522

(5) VIOLATIONS OF CHAPTER.--Except as provided in this

1523

chapter:

1524

(a) A person who commits a violation of any provision of

1525

this chapter commits, for the first offense, a misdemeanor of

1526

the second degree, punishable as provided in s. 775.082 or s.

1527

775.083.

1528

(b) A person who is convicted of a second or subsequent

1529

violation of any provision of this chapter commits a misdemeanor

1530

of the first degree, punishable as provided in s. 775.082 or s.

1531

775.083.

1532

(6) SUSPENSION OR FORFEITURE OF LICENSE.--The court may

1533

order the suspension or forfeiture of any license or permit

1534

issued under this chapter to a person who is found guilty of

1535

committing a violation of this chapter.

1536

(7) CONVICTION DEFINED.--As used in this section, the term

1537

"conviction" means any judicial disposition other than acquittal

1538

or dismissal.

1539

Section 21. Section 372.935, Florida Statutes, is created

1540

to read:

1541

372.935 Captive wildlife; penalties for violations.--

1542

(1)(a) NONCRIMINAL INFRACTIONS.--A person commits a

1543

noncriminal infraction if he or she violates any of the

1544

following provisions:

1545

1. Rules or orders of the commission requiring a no-cost

1546

permit to possess captive wildlife for personal use.

1547

2. Rules or orders of the commission requiring that

1548

persons who are licensed to possess captive wildlife file

1549

reports or other documents.

1550

(b) A person cited for committing a noncriminal infraction

1551

under this section shall be cited to appear before the county

1552

court. The civil penalty for a person found guilty of committing

1553

a noncriminal violation under this section is $50, and the

1554

provisions of s. 372.83(1)(e)-(i) apply under this subsection.

1555

(2) MISDEMEANORS.--A person commits a misdemeanor of the

1556

second degree, punishable as provided in s. 775.082 or s.

1557

775.083, for violating any of the following provisions:

1558

(a) Rules or orders of the commission which require the

1559

payment of a fee for a person to obtain a permit to possess

1560

captive wildlife.

1561

(b) Rules or orders of the commission which require the

1562

maintenance of records relating to captive wildlife.

1563

1564

wildlife which are not specified in subsection (1).

1565

(d) Section 372.86, prohibiting the possession or

1566

exhibition of poisonous or venomous reptiles without a license

1567

or permit.

1568

(e) Section 372.88, prohibiting the exhibition of

1569

poisonous or venomous reptiles without posting a bond.

1570

(f) Section 372.89, prohibiting the possession or

1571

exhibition of poisonous or venomous reptiles in an unsafe

1572

manner.

1573

(g) Section 372.90, prohibiting the transportation of

1574

poisonous or venomous reptiles in an unsafe manner.

1575

(h) Section 372.901, prohibiting the penning or caging of

1576

poisonous or venomous reptiles in an unsafe manner.

1577

(i) Section 372.91, prohibiting certain persons from

1578

opening containers housing poisonous or venomous reptiles.

1579

(j) Section 372.921, prohibiting the exhibition or sale of

1580

wildlife.

1581

(k) Section 372.922, prohibiting the personal possession

1582

of wildlife.

1583

Section 22. Section 372.26, Florida Statutes, is amended

1584

to read:

1585

372.26 Imported fish.--

1586

(1) No person shall import into the state or place in any

1587

of the fresh waters of the state any freshwater fish of any

1588

species without having first obtained a permit from the Fish and

1589

Wildlife Conservation Commission. The commission is authorized

1590

to issue or deny such a permit upon the completion of studies of

1591

the species made by it to determine any detrimental effect the

1592

species might have on the ecology of the state.

1593

(2) A person who violates this section commits a Level

1594

Three violation under s. 372.83 ~~Persons in violation of this~~

1595

~~section shall be guilty of a misdemeanor of the first degree,~~

1596

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

1597

Section 23. Section 372.265, Florida Statutes, is amended

1598

to read:

1599

372.265 Regulation of foreign animals.--

1600

(1) It is unlawful to import for sale or use, or to

1601

release within this state, any species of the animal kingdom not

1602

indigenous to Florida without having obtained a permit to do so

1603

from the Fish and Wildlife Conservation Commission.

1604

(2) The Fish and Wildlife Conservation Commission is

1605

authorized to issue or deny such a permit upon the completion of

1606

studies of the species made by it to determine any detrimental

1607

effect the species might have on the ecology of the state.

1608

(3) A person ~~Persons~~ in violation of this section commits

1609

a Level Three violation under s. 372.83 ~~shall be guilty of a~~

1610

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

1611

~~775.082 or s. 775.083~~.

1612

Section 24. Subsection (2) of section 372.661, Florida

1613

Statutes, is amended to read:

1614

372.661 Private hunting preserve license fees;

1615

exception.--

1616

(2) A commercial hunting preserve license, which shall

1617

exempt patrons of licensed preserves from the license and permit

1618

requirements of s. 372.57(4)(c), (d), (f), (h), (i), and (j);

1619

(5)(f) and (g); (8)(a), (b), and (e)~~, and (f)~~; (9)(a)2.; (11);

1620

and (12) while hunting on the licensed preserve property, shall

1621

be $500. Such commercial hunting preserve license shall be

1622

available only to those private hunting preserves licensed

1623

pursuant to this section which are operated exclusively for

1624

commercial purposes, which are open to the public, and for which

1625

a uniform fee is charged to patrons for hunting privileges.

1626

Section 25. Section 372.662, Florida Statutes, is amended

1627

to read:

1628

372.662 Unlawful sale, possession, or transporting of

1629

alligators or alligator skins.--Whenever the sale, possession,

1630

or transporting of alligators or alligator skins is prohibited

1631

by any law of this state, or by the rules, regulations, or

1632

orders of the Fish and Wildlife Conservation Commission adopted

1633

pursuant to s. 9, Art. IV of the State Constitution, the sale,

1634

possession, or transporting of alligators or alligator skins is

1635

a Level Three violation under s. 372.83 ~~misdemeanor of the first~~

1636

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

1637

Section 26. Section 372.667, Florida Statutes, is amended

1638

to read:

1639

372.667 Feeding or enticement of alligators or crocodiles

1640

unlawful; penalty.--

1641

(1) No person shall intentionally feed, or entice with

1642

feed, any wild American alligator (Alligator mississippiensis)

1643

or American crocodile (Crocodylus acutus). However, the

1644

provisions of this section shall not apply to:

1645

(a) Those persons feeding alligators or crocodiles

1646

maintained in protected captivity for educational, scientific,

1647

commercial, or recreational purposes.

1648

(b) Fish and Wildlife Conservation Commission personnel,

1649

persons licensed or otherwise authorized by the commission, or

1650

county or municipal animal control personnel when relocating

1651

alligators or crocodiles by baiting or enticement.

1652

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

1653

in protected captivity" means held in captivity under a permit

1654

issued by the Fish and Wildlife Conservation Commission pursuant

1655

to s. 372.921 or s. 372.922.

1656

(3) Any person who violates this section commits a Level

1657

Two violation under s. 372.83 ~~is guilty of a misdemeanor of the~~

1658

~~second degree, punishable as provided in s. 775.082 or s.~~

1659

~~775.083~~.

1660

Section 27. Section 372.705, Florida Statutes, is amended

1661

to read:

1662

372.705 Harassment of hunters, trappers, or fishers.--

1663

(1) A person may not intentionally, within a publicly or

1664

privately owned wildlife management or fish management area or

1665

on any state-owned water body:

1666

(a) Interfere with or attempt to prevent the lawful taking

1667

of fish, game, or nongame animals by another.

1668

(b) Attempt to disturb fish, game, or nongame animals or

1669

attempt to affect their behavior with the intent to prevent

1670

their lawful taking by another.

1671

(2) Any person who violates this section commits a Level

1672

Two violation under s. 372.83 ~~subsection (1) is guilty of a~~

1673

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

1674

~~775.082 or s. 775.083~~.

1675

Section 28. Section 372.988, Florida Statutes, is amended

1676

to read:

1677

372.988 Required clothing for persons hunting deer.--It is

1678

a Level One violation under s. 372.83 ~~unlawful~~ for any person to

1679

hunt deer, or for any person to accompany another person hunting

1680

deer, during the open season for the taking of deer on public

1681

lands unless each person shall wear a total of at least 500

1682

square inches of daylight fluorescent orange material as an

1683

outer garment. Such clothing shall be worn above the waistline

1684

and may include a head covering. The provisions of this section

1685

shall not apply to any person hunting deer with a bow and arrow

1686

during seasons restricted to hunting with a bow and arrow.

1687

Section 29. Subsection (1) of section 372.99022, Florida

1688

Statutes, is amended to read:

1689

372.99022 Illegal molestation of or theft from freshwater

1690

fishing gear.--

1691

(1)(a) Any person, firm, or corporation that willfully

1692

molests any authorized and lawfully permitted freshwater fishing

1693

gear belonging to another without the express written consent of

1694

the owner commits a Level Four violation under s. 372.83 ~~felony~~

1695

~~of the third degree, punishable as provided in s. 775.082, s.~~

1696

~~775.083, or s. 775.084~~. Any written consent must be available

1697

for immediate inspection.

1698

(b) Any person, firm, or corporation that willfully

1699

removes the contents of any authorized and lawfully permitted

1700

freshwater fishing gear belonging to another without the express

1701

written consent of the owner commits a Level Four violation

1702

under s. 372.83 ~~felony of the third degree, punishable as~~

1703

~~provided in s. 775.082, s. 775.083, or s. 775.084~~. Any written

1704

consent must be available for immediate inspection.

1705

1706

A person, firm, or corporation that receives a citation for a

1707

violation of this subsection is prohibited, immediately upon

1708

receipt of such citation and until adjudicated or convicted of a

1709

felony under this subsection, from transferring any

1710

endorsements.

1711

Section 30. Section 372.99, Florida Statutes, is amended

1712

to read:

1713

372.99 Illegal taking and possession of deer and wild

1714

turkey; evidence; penalty.--

1715

(1) Whoever takes or kills any deer or wild turkey, or

1716

possesses a freshly killed deer or wild turkey, during the

1717

closed season prescribed by law or by the rules and regulations

1718

of the Fish and Wildlife Conservation Commission, or whoever

1719

takes or attempts to take any deer or wild turkey by the use of

1720

gun and light in or out of closed season, commits a Level Three

1721

violation under s. 372.83 ~~is guilty of a misdemeanor of the~~

1722

~~first degree, punishable as provided in s. 775.082 or s.~~

1723

~~775.083~~, and shall forfeit any license or permit issued to her

1724

or him under the provisions of this chapter. No license shall be

1725

issued to such person for a period of 3 years following any such

1726

violation on the first offense. Any person guilty of a second

1727

or subsequent violation shall be permanently ineligible for

1728

issuance of a license or permit thereafter.

1729

(2) The display or use of a light in a place where deer

1730

might be found and in a manner capable of disclosing the

1731

presence of deer, together with the possession of firearms or

1732

other weapons customarily used for the taking of deer, between 1

1733

hour after sunset and 1 hour before sunrise, shall be prima

1734

facie evidence of an intent to violate the provisions of

1735

subsection (1). This subsection does not apply to an owner or

1736

her or his employee when patrolling or inspecting the land of

1737

the owner, provided the employee has satisfactory proof of

1738

employment on her or his person.

1739

(3) Whoever takes or kills any doe deer; fawn or baby

1740

deer; or deer, whether male or female, which does not have one

1741

or more antlers at least 5 inches in length, except as provided

1742

by law or the rules of the Fish and Wildlife Conservation

1743

Commission, during the open season prescribed by the rules of

1744

the commission, commits a Level Three violation under 372.83 is

1745

~~guilty of a misdemeanor of the first degree, punishable as~~

1746

~~provided in s. 775.082 or s. 775.083,~~ and may be required to

1747

forfeit any license or permit issued to such person for a period

1748

of 3 years following any such violation on the first offense.

1749

Any person guilty of a second or subsequent violation shall be

1750

permanently ineligible for issuance of a license or permit

1751

thereafter.

1752

(4) Any person who cultivates agricultural crops may apply

1753

to the Fish and Wildlife Conservation Commission for a permit to

1754

take or kill deer on land which that person is currently

1755

cultivating. When said person can show, to the satisfaction of

1756

the Fish and Wildlife Conservation Commission, that such taking

1757

or killing of deer is justified because of damage to the

1758

person's crops caused by deer, the Fish and Wildlife

1759

Conservation Commission may issue a limited permit to the

1760

applicant to take or kill deer without being in violation of

1761

subsection (1) or subsection (3).

1762

(5) Whoever possesses for sale or sells deer or wild

1763

turkey taken in violation of this chapter or the rules and

1764

regulations of the commission commits a Level Four violation

1765

under s. 372.83 ~~is guilty of a felony of the third degree,~~

1766

~~punishable as provided in s. 775.082, s. 775.083, or s. 775.084~~.

1767

(6) Any person who enters upon private property and shines

1768

lights upon such property, without the express permission of the

1769

owner of the property and with the intent to take deer by

1770

utilizing such shining lights, commits a Level Three violation

1771

under s. 372.83 ~~shall be guilty of a misdemeanor of the second~~

1772

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

1773

Section 31. Subsection (1) of section 372.9903, Florida

1774

Statutes, is amended to read:

1775

372.9903 Illegal possession or transportation of

1776

freshwater game fish in commercial quantities; penalty.--

1777

(1) Whoever possesses, moves, or transports any black

1778

bass, bream, speckled perch, or other freshwater game fish in

1779

commercial quantities in violation of law or the rules of the

1780

Fish and Wildlife Conservation Commission commits a Level Three

1781

violation under s. 372.83 ~~shall be guilty of a misdemeanor of~~

1782

~~the first degree, punishable as provided in s. 775.082 or s.~~

1783

~~775.083~~.

1784

Section 32. Paragraph (a) of subsection (3) of section

1785

921.0022, Florida Statutes, is amended to read:

1786

921.0022 Criminal Punishment Code; offense severity

1787

ranking chart.--

1788

(3) OFFENSE SEVERITY RANKING CHART

Florida

Felony

1789

Statute

Degree

Description

1790

(a) LEVEL 1

1791

24.118(3)(a)

3rd

Counterfeit or altered state lottery ticket.

1792

212.054(2)(b)

3rd

Discretionary sales surtax; limitations, administration, and collection.

1793

212.15(2)(b)

3rd

Failure to remit sales taxes, amount greater than $300 but less than $20,000.

1794

316.1935(1)

3rd

Fleeing or attempting to elude law enforcement officer.

1795

319.30(5)

3rd

Sell, exchange, give away certificate of title or identification number plate.

1796

319.35(1)(a)

3rd

Tamper, adjust, change, etc., an odometer.

1797

320.26(1)(a)

3rd

Counterfeit, manufacture, or sell registration license plates or validation stickers.

1798

322.212(1)(a)-(c)

3rd

Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification.

1799

322.212(4)

3rd

Supply or aid in supplying unauthorized driver's license or identification card.

1800

322.212(5)(a)

3rd

False application for driver's license or identification card.

1801

~~370.13(2)(c)1.~~

~~3rd~~

~~Molest any stone crab trap, line, or buoy which is property of licenseholder.~~

1802

~~370.135(1)~~

~~3rd~~

~~Molest any blue crab trap, line, or buoy which is property of licenseholder.~~

1803

~~372.663(1)~~

~~3rd~~

~~Poach any alligator or crocodilia.~~

1804

414.39(2)

3rd

Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200.

1805

414.39(3)(a)

3rd

Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.

1806

443.071(1)

3rd

False statement or representation to obtain or increase unemployment compensation benefits.

1807

509.151(1)

3rd

Defraud an innkeeper, food or lodging value greater than $300.

1808

517.302(1)

3rd

Violation of the Florida Securities and Investor Protection Act.

1809

562.27(1)

3rd

Possess still or still apparatus.

1810

713.69

3rd

Tenant removes property upon which lien has accrued, value more than $50.

1811

812.014(3)(c)

3rd

Petit theft (3rd conviction); theft of any property not specified in subsection (2).

1812

812.081(2)

3rd

Unlawfully makes or causes to be made a reproduction of a trade secret.

1813

815.04(4)(a)

3rd

Offense against intellectual property (i.e., computer programs, data).

1814

817.52(2)

3rd

Hiring with intent to defraud, motor vehicle services.

1815

817.569(2)

3rd

Use of public record or public records information to facilitate commission of a felony.

1816

826.01

3rd

Bigamy.

1817

828.122(3)

3rd

Fighting or baiting animals.

1818

831.04(1)

3rd

Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.

1819

831.31(1)(a)

3rd

Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.

1820

832.041(1)

3rd

Stopping payment with intent to defraud $150 or more.

1821

832.05(2)(b)&(4)(c)

3rd

Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

1822

838.15(2)

3rd

Commercial bribe receiving.

1823

838.16

3rd

Commercial bribery.

1824

843.18

3rd

Fleeing by boat to elude a law enforcement officer.

1825

847.011(1)(a)

3rd

Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

1826

849.01

3rd

Keeping gambling house.

1827

849.09(1)(a)-(d)

3rd

Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.

1828

849.23

3rd

Gambling-related machines; "common offender" as to property rights.

1829

849.25(2)

3rd

Engaging in bookmaking.

1830

860.08

3rd

Interfere with a railroad signal.

1831

860.13(1)(a)

3rd

Operate aircraft while under the influence.

1832

893.13(2)(a)2.

3rd

Purchase of cannabis.

1833

893.13(6)(a)

3rd

Possession of cannabis (more than 20 grams).

1834

934.03(1)(a)

3rd

Intercepts, or procures any other person to intercept, any wire or oral communication.

1835

1836

Section 33. Section 372.831, Florida Statutes, is created

1837

to read:

1838

372.831 Wildlife Violators Compact Act.--The Wildlife

1839

Violators Compact is created and entered into with all other

1840

jurisdictions legally joining therein in the form substantially

1841

as follows:

1842

ARTICLE I

1843

Findings and Purpose

1844

1845

(1) The participating states find that:

1846

(a) Wildlife resources are managed in trust by the

1847

respective states for the benefit of all residents and visitors.

1848

(b) The protection of the wildlife resources of a state is

1849

materially affected by the degree of compliance with state

1850

statutes, laws, regulations, ordinances, and administrative

1851

rules relating to the management of such resources.

1852

1853

restoration of wildlife contributes immeasurably to the

1854

aesthetic, recreational, and economic aspects of such natural

1855

resources.

1856

(d) Wildlife resources are valuable without regard to

1857

political boundaries; therefore, every person should be required

1858

to comply with wildlife preservation, protection, management,

1859

and restoration laws, ordinances, and administrative rules and

1860

regulations of the participating states as a condition precedent

1861

to the continuance or issuance of any license to hunt, fish,

1862

trap, or possess wildlife.

1863

(e) Violation of wildlife laws interferes with the

1864

management of wildlife resources and may endanger the safety of

1865

persons and property.

1866

(f) The mobility of many wildlife law violators

1867

necessitates the maintenance of channels of communication among

1868

the various states.

1869

(g) In most instances, a person who is cited for a

1870

wildlife violation in a state other than his or her home state

1871

is:

1872

1. Required to post collateral or a bond to secure

1873

appearance for a trial at a later date;

1874

2. Taken into custody until the collateral or bond is

1875

posted; or

1876

3. Taken directly to court for an immediate appearance.

1877

(h) The purpose of the enforcement practices set forth in

1878

paragraph (g) is to ensure compliance with the terms of a

1879

wildlife citation by the cited person who, if permitted to

1880

continue on his or her way after receiving the citation, could

1881

return to his or her home state and disregard his or her duty

1882

under the terms of the citation.

1883

(i) In most instances, a person receiving a wildlife

1884

citation in his or her home state is permitted to accept the

1885

citation from the officer at the scene of the violation and

1886

immediately continue on his or her way after agreeing or being

1887

instructed to comply with the terms of the citation.

1888

(j) The practices described in paragraph (g) cause

1889

unnecessary inconvenience and, at times, a hardship for the

1890

person who is unable at the time to post collateral, furnish a

1891

bond, stand trial, or pay a fine, and thus is compelled to

1892

remain in custody until some alternative arrangement is made.

1893

(k) The enforcement practices described in paragraph (g)

1894

consume an undue amount of time of law enforcement agencies.

1895

(2) It is the policy of the participating states to:

1896

(a) Promote compliance with the statutes, laws,

1897

ordinances, regulations, and administrative rules relating to

1898

the management of wildlife resources in their respective states.

1899

(b) Recognize a suspension of the wildlife license

1900

privileges of any person whose license privileges have been

1901

suspended by a participating state and treat such suspension as

1902

if it had occurred in each respective state.

1903

1904

of Article III, to accept a wildlife citation and, without

1905

delay, proceed on his or her way, whether or not the violator is

1906

a resident of the state in which the citation was issued, if the

1907

violator's home state is party to this compact.

1908

(d) Report to the appropriate participating state, as

1909

provided in the compact manual, any conviction recorded against

1910

any person whose home state was not the issuing state.

1911

(e) Allow the home state to recognize and treat

1912

convictions recorded against its residents, which convictions

1913

occurred in a participating state, as though they had occurred

1914

in the home state.

1915

(f) Extend cooperation to its fullest extent among the

1916

participating states for enforcing compliance with the terms of

1917

a wildlife citation issued in one participating state to a

1918

resident of another participating state.

1919

(g) Maximize the effective use of law enforcement

1920

personnel and information.

1921

(h) Assist court systems in the efficient disposition of

1922

wildlife violations.

1923

(3) The purpose of this compact is to:

1924

(a) Provide a means through which participating states may

1925

join in a reciprocal program to effectuate the policies

1926

enumerated in subsection (2) in a uniform and orderly manner.

1927

(b) Provide for the fair and impartial treatment of

1928

wildlife violators operating within participating states in

1929

recognition of the violator's right to due process and the

1930

sovereign status of a participating state.

1931

ARTICLE II

1932

Definitions

1933

1934

As used in this compact, the term:

1935

(1) "Citation" means any summons, complaint, summons and

1936

complaint, ticket, penalty assessment, or other official

1937

document issued to a person by a wildlife officer or other peace

1938

officer for a wildlife violation which contains an order

1939

requiring the person to respond.

1940

(2) "Collateral" means any cash or other security

1941

deposited to secure an appearance for trial in connection with

1942

the issuance by a wildlife officer or other peace officer of a

1943

citation for a wildlife violation.

1944

(3) "Compliance" with respect to a citation means the act

1945

of answering a citation through an appearance in a court or

1946

tribunal, or through the payment of fines, costs, and

1947

surcharges, if any.

1948

(4) "Conviction" means a conviction that results in

1949

suspension or revocation of a license, including any court

1950

conviction, for any offense related to the preservation,

1951

protection, management, or restoration of wildlife which is

1952

prohibited by state statute, law, regulation, ordinance, or

1953

administrative rule. The term also includes the forfeiture of

1954

any bail, bond, or other security deposited to secure appearance

1955

by a person charged with having committed any such offense, the

1956

payment of a penalty assessment, a plea of nolo contendere, or

1957

the imposition of a deferred or suspended sentence by the court.

1958

(5) "Court" means a court of law, including magistrate's

1959

court and the justice of the peace court.

1960

(6) "Home state" means the state of primary residence of a

1961

person.

1962

(7) "Issuing state" means the participating state that

1963

issues a wildlife citation to the violator.

1964

(8) "License" means any license, permit, or other public

1965

document that conveys to the person to whom it was issued the

1966

privilege of pursuing, possessing, or taking any wildlife

1967

regulated by statute, law, regulation, ordinance, or

1968

administrative rule of a participating state; any privilege to

1969

obtain such license, permit, or other public document; or any

1970

statutory exemption from the requirement to obtain such license,

1971

permit, or other public document. However, when applied to a

1972

license, permit, or privilege issued or granted by the State of

1973

Florida, only a license or permit issued under s. 372.57, or a

1974

privilege granted under s. 372.562, shall be considered a

1975

license.

1976

(9) "Licensing authority" means the department or division

1977

within each participating state which is authorized by law to

1978

issue or approve licenses or permits to hunt, fish, trap, or

1979

possess wildlife.

1980

(10) "Participating state" means any state that enacts

1981

legislation to become a member of this wildlife compact.

1982

(11) "Personal recognizance" means an agreement by a

1983

person made at the time of issuance of the wildlife citation

1984

that such person will comply with the terms of the citation.

1985

(12) "State" means any state, territory, or possession of

1986

the United States, the District of Columbia, the Commonwealth of

1987

Puerto Rico, the Provinces of Canada, and other countries.

1988

(13) "Suspension" means any revocation, denial, or

1989

withdrawal of any or all license privileges, including the

1990

privilege to apply for, purchase, or exercise the benefits

1991

conferred by any license.

1992

(14) "Terms of the citation" means those conditions and

1993

options expressly stated upon the citation.

1994

(15) "Wildlife" means all species of animals, including,

1995

but not limited to, mammals, birds, fish, reptiles, amphibians,

1996

mollusks, and crustaceans, which are defined as "wildlife" and

1997

are protected or otherwise regulated by statute, law,

1998

regulation, ordinance, or administrative rule in a participating

1999

state. Species included in the definition of "wildlife" vary

2000

from state to state and the determination of whether a species

2001

is "wildlife" for the purposes of this compact shall be based on

2002

local law.

2003

(16) "Wildlife law" means any statute, law, regulation,

2004

ordinance, or administrative rule developed and enacted for the

2005

management of wildlife resources and the uses thereof.

2006

(17) "Wildlife officer" means any individual authorized by

2007

a participating state to issue a citation for a wildlife

2008

violation.

2009

(18) "Wildlife violation" means any cited violation of a

2010

statute, law, regulation, ordinance, or administrative rule

2011

developed and enacted for the management of wildlife resources

2012

and the uses thereof.

2013

ARTICLE III

2014

Procedures for Issuing State

2015

2016

(1) When issuing a citation for a wildlife violation, a

2017

wildlife officer shall issue a citation to any person whose

2018

primary residence is in a participating state in the same manner

2019

as though the person were a resident of the issuing state and

2020

shall not require such person to post collateral to secure

2021

appearance, subject to the exceptions noted in subsection (2),

2022

if the officer receives the recognizance of such person that he

2023

will comply with the terms of the citation.

2024

(2) Personal recognizance is acceptable if not prohibited

2025

by local law; by policy, procedure, or regulation of the issuing

2026

agency; or by the compact manual and if the violator provides

2027

adequate proof of identification to the wildlife officer.

2028

(3) Upon conviction or failure of a person to comply with

2029

the terms of a wildlife citation, the appropriate official shall

2030

report the conviction or failure to comply to the licensing

2031

authority of the participating state in which the wildlife

2032

citation was issued. The report shall be made in accordance with

2033

procedures specified by the issuing state and must contain

2034

information as specified in the compact manual as minimum

2035

requirements for effective processing by the home state.

2036

(4) Upon receipt of the report of conviction or

2037

noncompliance pursuant to subsection (3), the licensing

2038

authority of the issuing state shall transmit to the licensing

2039

authority of the home state of the violator the information in

2040

the form and content prescribed in the compact manual.

2041

ARTICLE IV

2042

Procedure for Home State

2043

2044

(1) Upon receipt of a report from the licensing authority

2045

of the issuing state reporting the failure of a violator to

2046

comply with the terms of a citation, the licensing authority of

2047

the home state shall notify the violator and shall initiate a

2048

suspension action in accordance with the home state's suspension

2049

procedures and shall suspend the violator's license privileges

2050

until satisfactory evidence of compliance with the terms of the

2051

wildlife citation has been furnished by the issuing state to the

2052

home state licensing authority. Due-process safeguards shall be

2053

accorded.

2054

(2) Upon receipt of a report of conviction from the

2055

licensing authority of the issuing state, the licensing

2056

authority of the home state shall enter such conviction in its

2057

records and shall treat such conviction as though it occurred in

2058

the home state for purposes of the suspension of license

2059

privileges.

2060

(3) The licensing authority of the home state shall

2061

maintain a record of actions taken and shall make reports to

2062

issuing states as provided in the compact manual.

2063

ARTICLE V

2064

Reciprocal Recognition of Suspension

2065

2066

(1) Each participating state may recognize the suspension

2067

of license privileges of any person by any other participating

2068

state as though the violation resulting in the suspension had

2069

occurred in that state and would have been the basis for

2070

suspension of license privileges in that state.

2071

(2) Each participating state shall communicate suspension

2072

information to other participating states in the form and

2073

content contained in the compact manual.

2074

ARTICLE VI

2075

Applicability of Other Laws

2076

2077

Except as expressly required by provisions of this compact, this

2078

compact does not affect the right of any participating state to

2079

apply any of its laws relating to license privileges to any

2080

person or circumstance or to invalidate or prevent any agreement

2081

or other cooperative arrangement between a participating state

2082

and a nonparticipating state concerning the enforcement of

2083

wildlife laws.

2084

ARTICLE VII

2085

Compact Administrator Procedures

2086

2087

(1) For the purpose of administering the provisions of

2088

this compact and to serve as a governing body for the resolution

2089

of all matters relating to the operation of this compact, a

2090

board of compact administrators is established. The board shall

2091

be composed of one representative from each of the participating

2092

states to be known as the compact administrator. The compact

2093

administrator shall be appointed by the head of the licensing

2094

authority of each participating state and shall serve and be

2095

subject to removal in accordance with the laws of the state he

2096

or she represents. A compact administrator may provide for the

2097

discharge of his or her duties and the performance of his or her

2098

functions as a board member by an alternate. An alternate is not

2099

entitled to serve unless written notification of his or her

2100

identity has been given to the board.

2101

(2) Each member of the board of compact administrators

2102

shall be entitled to one vote. No action of the board shall be

2103

binding unless taken at a meeting at which a majority of the

2104

total number of the board's votes are cast in favor thereof.

2105

Action by the board shall be only at a meeting at which a

2106

majority of the participating states are represented.

2107

(3) The board shall elect annually from its membership a

2108

chairman and vice chairman.

2109

(4) The board shall adopt bylaws not inconsistent with the

2110

provisions of this compact or the laws of a participating state

2111

for the conduct of its business and shall have the power to

2112

amend and rescind its bylaws.

2113

(5) The board may accept for any of its purposes and

2114

functions under this compact any and all donations and grants of

2115

moneys, equipment, supplies, materials, and services,

2116

conditional or otherwise, from any state, the United States, or

2117

any governmental agency, and may receive, use, and dispose of

2118

the same.

2119

(6) The board may contract with, or accept services or

2120

personnel from, any governmental or intergovernmental agency,

2121

individual, firm, corporation, or private nonprofit organization

2122

or institution.

2123

(7) The board shall formulate all necessary procedures and

2124

develop uniform forms and documents for administering the

2125

provisions of this compact. All procedures and forms adopted

2126

pursuant to board action shall be contained in a compact manual.

2127

ARTICLE VIII

2128

Entry into Compact and Withdrawal

2129

2130

(1) This compact shall become effective at such time as it

2131

is adopted in substantially similar form by two or more states.

2132

(2)(a) Entry into the compact shall be made by resolution

2133

of ratification executed by the authorized officials of the

2134

applying state and submitted to the chairman of the board.

2135

(b) The resolution shall substantially be in the form and

2136

content as provided in the compact manual and must include the

2137

following:

2138

1. A citation of the authority from which the state is

2139

empowered to become a party to this compact;

2140

2. An agreement of compliance with the terms and

2141

provisions of this compact; and

2142

3. An agreement that compact entry is with all states

2143

participating in the compact and with all additional states

2144

legally becoming a party to the compact.

2145

2146

applying state, but may not be less than 60 days after notice

2147

has been given by the chairman of the board of the compact

2148

administrators or by the secretariat of the board to each

2149

participating state that the resolution from the applying state

2150

has been received.

2151

(3) A participating state may withdraw from participation

2152

in this compact by official written notice to each participating

2153

state, but withdrawal shall not become effective until 90 days

2154

after the notice of withdrawal is given. The notice must be

2155

directed to the compact administrator of each member state. The

2156

withdrawal of any state does not affect the validity of this

2157

compact as to the remaining participating states.

2158

ARTICLE IX

2159

Amendments to the Compact

2160

2161

(1) This compact may be amended from time to time.

2162

Amendments shall be presented in resolution form to the chairman

2163

of the board of compact administrators and shall be initiated by

2164

one or more participating states.

2165

(2) Adoption of an amendment shall require endorsement by

2166

all participating states and shall become effective 30 days

2167

after the date of the last endorsement.

2168

ARTICLE X

2169

Construction and Severability

2170

2171

This compact shall be liberally construed so as to effectuate

2172

the purposes stated herein. The provisions of this compact are

2173

severable and if any phrase, clause, sentence, or provision of

2174

this compact is declared to be contrary to the constitution of

2175

any participating state or of the United States, or if the

2176

applicability thereof to any government, agency, individual, or

2177

circumstance is held invalid, the validity of the remainder of

2178

this compact shall not be affected thereby. If this compact is

2179

held contrary to the constitution of any participating state,

2180

the compact shall remain in full force and effect as to the

2181

remaining states and in full force and effect as to the

2182

participating state affected as to all severable matters.

2183

ARTICLE XI

2184

Title

2185

2186

This compact shall be known as the "Wildlife Violator

2187

Compact."

2188

Section 34. Section 372.8311, Florida Statutes, is created

2189

to read:

2190

372.8311 Compact licensing and enforcement authority;

2191

administrative review.--

2192

(1) LICENSING AND ENFORCEMENT AUTHORITY.--For purposes of

2193

this act and the interstate wildlife violator compact, the Fish

2194

and Wildlife Conservation Commission is the licensing authority

2195

for the State of Florida and shall enforce the interstate

2196

Wildlife Violators Compact and shall do all things within the

2197

commission's jurisdiction which are necessary to effectuate the

2198

purposes and the intent of the compact. The commission may

2199

execute a resolution of ratification to formalize the State of

2200

Florida's entry into the compact. Upon adoption of the Wildlife

2201

Violators Compact, the commission may adopt rules to administer

2202

the provisions of the compact.

2203

(2) ADMINISTRATIVE REVIEW.--Any action committed or

2204

omitted by the Fish and Wildlife Conservation Commission under

2205

or in the enforcement of the Wildlife Violator Compact created

2206

in s. 372.831 is subject to review under chapter 120.

2207

Section 35. For purposes of incorporating the crossbow

2208

season permit established under s. 372.57, Florida Statutes, the

2209

hunter safety course exemption established under s. 372.5717,

2210

Florida Statutes, and the Wildlife Violator Compact established

2211

under s. 372.831, Florida Statutes, the Fish and Wildlife

2212

Conservation Commission shall update the automated licensing

2213

system authorized under s. 372.551, Florida Statutes, by no

2214

later than August 1, 2006.

2215

Section 36. Sections 372.711 and 372.912, Florida

2216

Statutes, are repealed.

2217

Section 37. This act shall take effect July 1, 2006.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.