Bill Text: FL S0194 | 2014 | Regular Session | Comm Sub
Bill Title: Spiny Lobster
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 47 (Ch. 2014-107) [S0194 Detail]
Download: Florida-2014-S0194-Comm_Sub.html
Florida Senate - 2014 CS for SB 194 By the Committee on Agriculture; and Senator Latvala 575-01048-14 2014194c1 1 A bill to be entitled 2 An act relating to spiny lobster; amending s. 379.407, 3 F.S.; providing penalties for certain violations 4 relating to possession of spiny lobster; amending s. 5 379.401, F.S.; conforming a cross-reference; providing 6 an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsections (5) through (8) of section 379.407, 11 Florida Statutes, are renumbered as subsections (6) through (9), 12 respectively, and a new subsection (5) is added to that section, 13 to read: 14 379.407 Administration; rules, publications, records; 15 penalties; injunctions.— 16 (5) PENALTIES FOR POSSESSION OF SPINY LOBSTER; CLOSED 17 SEASON AND WRUNG TAILS.—It is a major violation under this 18 section for any person, firm, or corporation to be in possession 19 of spiny lobster during the closed season or, while on the 20 water, to be in possession of spiny lobster tails that have been 21 wrung or separated from the body, unless such possession is 22 allowed by commission rule. Any person, firm, or corporation 23 that violates this subsection is subject to penalties as 24 follows: 25 (a) A first violation is a misdemeanor of the second 26 degree, punishable as provided in s. 775.082 or s. 775.083. If 27 the violation involves 25 or more lobster, the violation is a 28 misdemeanor of the first degree, punishable as provided in s. 29 775.082 or s. 775.083. 30 (b) A second violation is a misdemeanor of the first 31 degree, punishable as provided in s. 775.082 or s. 775.083, and 32 such person is subject to a suspension of all license privileges 33 under this chapter for a period not to exceed 90 days. 34 (c) A third violation is a misdemeanor of the first degree, 35 punishable as provided in s. 775.082 or s. 775.083, with a 36 mandatory minimum term of imprisonment of 6 months, and such 37 person may be assessed a civil penalty of up to $2,500 and is 38 subject to a suspension of all license privileges under this 39 chapter for a period not to exceed 6 months. 40 (d) A third violation within 1 year after a second 41 violation is a felony of the third degree, punishable as 42 provided in s. 775.082 or s. 775.083, with a mandatory minimum 43 term of imprisonment of 1 year, and such person shall be 44 assessed a civil penalty of $5,000 and all license privileges 45 under this chapter shall be permanently revoked. 46 (e) A fourth or subsequent violation is a felony of the 47 third degree, punishable as provided in s. 775.082 or s. 48 775.083, with a mandatory minimum term of imprisonment of 1 49 year, and such person shall be assessed a civil penalty of 50 $5,000 and all license privileges under this chapter shall be 51 permanently revoked. 52 Section 2. Paragraph (a) of subsection (2) of section 53 379.401, Florida Statutes, is amended to read: 54 379.401 Penalties and violations; civil penalties for 55 noncriminal infractions; criminal penalties; suspension and 56 forfeiture of licenses and permits.— 57 (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two 58 violation if he or she violates any of the following provisions: 59 1. Rules or orders of the commission relating to seasons or 60 time periods for the taking of wildlife, freshwater fish, or 61 saltwater fish. 62 2. Rules or orders of the commission establishing bag, 63 possession, or size limits or restricting methods of taking 64 wildlife, freshwater fish, or saltwater fish. 65 3. Rules or orders of the commission prohibiting access or 66 otherwise relating to access to wildlife management areas or 67 other areas managed by the commission. 68 4. Rules or orders of the commission relating to the 69 feeding of wildlife, freshwater fish, or saltwater fish. 70 5. Rules or orders of the commission relating to landing 71 requirements for freshwater fish or saltwater fish. 72 6. Rules or orders of the commission relating to restricted 73 hunting areas, critical wildlife areas, or bird sanctuaries. 74 7. Rules or orders of the commission relating to tagging 75 requirements for wildlife and fur-bearing animals. 76 8. Rules or orders of the commission relating to the use of 77 dogs for the taking of wildlife. 78 9. Rules or orders of the commission which are not 79 otherwise classified. 80 10. Rules or orders of the commission prohibiting the 81 unlawful use of finfish traps. 82 11. All prohibitions in this chapter which are not 83 otherwise classified. 84 12. Section 379.33, prohibiting the violation of or 85 noncompliance with commission rules. 86 13. Section 379.407(7)379.407(6), prohibiting the sale, 87 purchase, harvest, or attempted harvest of any saltwater product 88 with intent to sell. 89 14. Section 379.2421, prohibiting the obstruction of 90 waterways with net gear. 91 15. Section 379.413, prohibiting the unlawful taking of 92 bonefish. 93 16. Section 379.365(2)(a) and (b), prohibiting the 94 possession or use of stone crab traps without trap tags and 95 theft of trap contents or gear. 96 17. Section 379.366(4)(b), prohibiting the theft of blue 97 crab trap contents or trap gear. 98 18. Section 379.3671(2)(c), prohibiting the possession or 99 use of spiny lobster traps without trap tags or certificates and 100 theft of trap contents or trap gear. 101 19. Section 379.357, prohibiting the possession of tarpon 102 without purchasing a tarpon tag. 103 20. Rules or orders of the commission prohibiting the 104 feeding or enticement of alligators or crocodiles. 105 21. Section 379.105, prohibiting the intentional harassment 106 of hunters, fishers, or trappers. 107 Section 3. This act shall take effect July 1, 2014.