Bill Text: FL S1150 | 2019 | Regular Session | Introduced
Bill Title: Wildlife Protection
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-03 - Withdrawn from further consideration [S1150 Detail]
Download: Florida-2019-S1150-Introduced.html
Florida Senate - 2019 SB 1150 By Senator Pizzo 38-02071-19 20191150__ 1 A bill to be entitled 2 An act relating to wildlife protection; creating s. 3 379.311, F.S.; defining terms; prohibiting the import, 4 sale, purchase, and distribution of ivory articles and 5 rhinoceros horns; providing exceptions and penalties; 6 directing the Fish and Wildlife Conservation 7 Commission to adopt rules, to post information on its 8 website, and to submit a report to the Legislature; 9 creating s. 379.4117, F.S.; providing that it is 10 unlawful to take, possess, injure, shoot, collect, or 11 sell Florida black bears; defining the term “take”; 12 providing that such actions constitute a Level Four 13 violation; amending s. 379.401, F.S.; providing that 14 the illegal taking, possession, injuring, shooting, 15 collecting, or selling of Florida black bears is a 16 Level Four violation, which is subject to criminal and 17 civil penalties; amending s. 379.4015, F.S.; 18 specifying applicability of penalty provisions 19 relating to the illegal import, illegal sale, illegal 20 purchase, and illegal distribution of ivory articles 21 and rhinoceros horns; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 379.311, Florida Statutes, is created to 26 read: 27 379.311 Import, sale, purchase, and distribution of ivory 28 articles and rhinoceros horns prohibited; penalties.— 29 (1) As used in this section, the term: 30 (a) “Distribute” means a transfer or change in possession 31 with an accompanying change in legal ownership. 32 (b) “Ivory article” means any item containing worked or raw 33 ivory from any species of elephant. 34 (c) “Raw ivory” means any elephant tusk, or any piece 35 thereof, the surface of which, polished or unpolished, is 36 unaltered or minimally carved. 37 (d) “Worked ivory” means any elephant tusk, or any piece 38 thereof, which is not raw ivory. 39 (2) Except as otherwise provided in this section, a person 40 may not knowingly and willingly import, sell, purchase, or 41 distribute an ivory article or a rhinoceros horn. 42 (3) Unless such activity is prohibited by federal law, 43 rule, or regulation, the commission may issue a license or 44 permit for the import, sale, purchase, or distribution of ivory 45 articles or rhinoceros horns if: 46 (a) The ivory article or rhinoceros horn is part of a bona 47 fide antique and is less than 20 percent by volume of the 48 antique, and the owner or seller provides historical 49 documentation that demonstrates provenance of the item and that 50 the item is at least 100 years old; 51 (b) The distribution of the ivory article or rhinoceros 52 horn is for bona fide educational or scientific purposes or for 53 display in a State University System museum or gallery; 54 (c) The distribution of the ivory article or rhinoceros 55 horn is to a legal beneficiary of a trust or to an heir or 56 distributee of an estate; or 57 (d) The ivory article or rhinoceros horn is part of a 58 musical instrument, including, but not limited to, a string or 59 wind instrument or piano, and the owner or seller provides 60 historical documentation that demonstrates provenance of the 61 item and that the item was manufactured not later than 1975. 62 (4) A violation of this section is punishable as provided 63 in s. 379.4015. 64 (5)(a) The commission shall adopt rules to implement this 65 section. 66 (b) By August 1, 2019, the commission shall post on its 67 website information regarding the prohibition on the illegal 68 import, illegal sale, illegal purchase, and illegal distribution 69 of ivory articles and rhinoceros horns. 70 (c) By January 1, 2023, the commission shall submit a 71 report to the Legislature outlining enforcement activities 72 pursuant to this section and any recommendations for necessary 73 changes. 74 Section 2. Section 379.4117, Florida Statutes, is created 75 to read: 76 379.4117 Florida black bear; killing prohibited; penalty.— 77 (1) Pursuant to commission rule, it is unlawful for a 78 person to take, possess, injure, shoot, collect, or sell Florida 79 black bears or their parts or to attempt to engage in such 80 conduct. As used in this section, the term “take” means to 81 pursue, hunt, molest, capture, or kill or to attempt to pursue, 82 hunt, molest, capture, or kill. 83 (2) A person who violates this section commits a Level Four 84 violation under s. 379.401. 85 Section 3. Subsection (4) of section 379.401, Florida 86 Statutes, is amended to read: 87 379.401 Penalties and violations; civil penalties for 88 noncriminal infractions; criminal penalties; suspension and 89 forfeiture of licenses and permits.— 90 (4) LEVEL FOUR VIOLATIONS.— 91 (a) A person commits a Level Four violation if he or she 92 violates any of the following provisions: 93 1. Section 379.354(16), prohibiting the making, forging, 94 counterfeiting, or reproduction of a recreational license or the 95 possession of same without authorization from the commission. 96 2. Section 379.365(2)(c), prohibiting criminal activities 97 relating to the taking of stone crabs. 98 3. Section 379.366(4)(c), prohibiting criminal activities 99 relating to the taking and harvesting of blue crabs. 100 4. Section 379.367(4), prohibiting the willful molestation 101 of spiny lobster gear. 102 5. Section 379.3671(2)(c)5., prohibiting the unlawful 103 reproduction, possession, sale, trade, or barter of spiny 104 lobster trap tags or certificates. 105 6. Section 379.404(5), prohibiting the sale of illegally 106 taken deer or wild turkey. 107 7. Section 379.405, prohibiting the molestation or theft of 108 freshwater fishing gear. 109 8. Section 379.409, prohibiting the unlawful killing, 110 injuring, possessing, or capturing of alligators or other 111 crocodilia or their eggs. 112 9. Section 379.411, prohibiting the intentional killing or 113 wounding of any species designated as endangered, threatened, or 114 of special concern. 115 10. Section 379.4115, prohibiting the killing of any 116 Florida or wild panther. 117 11. Section 379.4117, prohibiting the taking of a Florida 118 black bear. 119 (b) A person who commits a Level Four violation commits a 120 felony of the third degree, punishable as provided in s. 121 775.082, s. 775.083, or s. 775.084. 122 Section 4. Paragraph (a) of subsection (1), paragraph (a) 123 of subsection (4), and paragraph (a) of subsection (6) of 124 section 379.4015, Florida Statutes, are amended to read: 125 379.4015 Nonnative and captive wildlife penalties.— 126 (1) LEVEL ONE.—Unless otherwise provided by law, the 127 following classifications and penalties apply: 128 (a) A person commits a Level One violation if he or she 129 violates any of the following provisions: 130 1. Rules or orders of the commission requiring free permits 131 or other authorizations to possess captive wildlife. 132 2. Rules or orders of the commission relating to the filing 133 of reports or other documents required of persons who are 134 licensed to possess captive wildlife. 135 3. Rules or orders of the commission requiring permits to 136 possess captive wildlife for which a fee is charged, when the 137 person being charged was issued the permit and the permit has 138 expired less than 1 year prior to the violation. 139 4. Rules or orders of the commission requiring a license or 140 permit to import, sell, purchase, or distribute ivory articles 141 or rhinoceros horns. 142 (4) LEVEL FOUR.—Unless otherwise provided by law, the 143 following classifications and penalties apply: 144 (a) A person commits a Level Four violation if he or she 145 violates: 146 1. Any Level Three provision after the permanent revocation 147 of a license or permit. 148 2. Any rules or orders of the commission relating to the 149 import, sale, purchase, or distribution of ivory articles or 150 rhinoceros horns if the value of the ivory articles or 151 rhinoceros horns exceeds $25,000. 152 (6) CIVIL PENALTY.— 153 (a) In addition to other applicable penalties, the 154 commission may impose against any person, party, firm, 155 association, or corporation convicted of a criminal violation of 156 any provision of s. 379.231, s. 379.311, s. 379.372, s. 157 379.3761, or s. 379.3762 a civil penalty of not more than $5,000 158 for each animal, ivory article, or rhinoceros horn, unless 159 otherwise authorized pursuant to subparagraphs 1.-6. 160subparagraphs 1.-5.For all related violations attributable to a 161 specific violator, the total civil penalty may not exceed 162 $10,000 for each assessment for each animal, ivory article, or 163 rhinoceros horn. 164 1. The history of noncompliance of the violator for any 165 previous violation of this chapter or rules or orders of the 166 commission shall be considered in determining the amount of the 167 civil penalty. 168 2. The direct economic benefit gained by the violator from 169 the violation may be added to the scheduled civil penalty. 170 3. The costs incurred by the commission related to the 171 escape, recovery, and care of the wildlife for which the 172 violation was issued shall be added to the civil penalty. 173 4. The civil penalty assessed for a violation may not 174 exceed $5,000 for each animal unless: 175 a. The violator has a history of noncompliance; 176 b. The economic benefit of the violation exceeds $5,000; or 177 c. The costs incurred by the commission related to the 178 escape, recovery, and care of the wildlife for which the 179 violation was issued exceeds $5,000. 180 5. If the violation was an act prohibited by s. 379.311, 181 the civil penalty may not exceed $3,000 or two times the value 182 of the article involved, whichever is greater. If the violation 183 is a second or subsequent violation of s. 379.311, the civil 184 penalty may not exceed $6,000 or three times the value of the 185 article involved, whichever is greater. 186 6.5.The civil penalty assessed pursuant to this subsection 187 may be reduced by the commission for mitigating circumstances, 188 including good faith efforts to comply before or after discovery 189 of the violations by the commission. 190 Section 5. This act shall take effect July 1, 2019.