THE BILL ITSELF
HB 1171
Endangered or Threatened Marine Animals
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A bill to be entitled
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An act relating to endangered or threatened marine
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animals; providing a short title; creating s.
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379.24312, F.S.; providing definitions; prohibiting
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the collection and transportation of endangered or
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threatened marine animals from state waters;
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prohibiting the Fish and Wildlife Conservation
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Commission from issuing, renewing, or approving
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certain licenses; providing penalties; providing
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construction; amending s. 379.401, F.S.; conforming a
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provision to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Marine At-Risk
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Native Endangered or Threatened Animal Protection Act."
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Section 2. Section 379.24312, Florida Statutes, is created
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to read:
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379.24312 Protections for endangered or threatened marine
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animals.—
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(1) As used in this section, the term:
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(a) "Collect" means to physically capture, catch, remove,
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or possess a marine animal species, or attempt to engage in any
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such conduct.
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(b) "Endangered or threatened species" means any species
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listed as endangered or threatened pursuant to the federal
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Endangered Species Act, 16 U.S.C. s. 1531 et seq., under 50
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C.F.R. ss. 223.102 and 224.101, or designated as endangered or
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threatened by commission rule pursuant to s. 379.2291.
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(c) "Educational or exhibition purposes" means the
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holding, displaying, transporting, or maintaining of specimens
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for public display, exhibition, or education, including
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activities authorized under a special activity license issued by
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the commission.
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(d) "Marine animal" means any vertebrate or invertebrate
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animal species, subspecies, or distinct population segment that
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inhabits state waters, including, but not limited to, marine
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mammals, sea turtles, fish, sharks, rays, crustaceans, mollusks
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and corals, and any part thereof, including eggs, embryos,
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tissue, cartilage, shells, or derivatives.
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(e) "Transport" means to convey a marine animal species
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from one location to another location on any street, road,
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highway, waterway, or air space.
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(2) A person may not collect or transport any endangered
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or threatened marine animal from state waters for educational or
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exhibition purposes.
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(3) The commission may not issue, renew, or approve an
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education-exhibition special activity license or other
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authorization that would allow a person to collect or transport
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any endangered or threatened marine animal from state waters for
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purposes prohibited in subsection (2).
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(4) A person who violates this section commits a Level
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Four violation under s. 379.401. Each endangered or threatened
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marine animal collected or transported in violation of this
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section constitutes a separate offense.
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(5)(a) This section does not prohibit or restrict the
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rescue, rehabilitation, or scientific study of marine animals
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when such activities are conducted under state or federal
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authorization consistent with the Endangered Species Act and
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applicable commission rules.
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(b) This section does not limit federal authority under
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the Endangered Species Act, the Magnuson-Stevens Fishery
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Conservation and Management Act, or the Convention on
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International Trade in Endangered Species of Wild Fauna and
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Flora.
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Section 3. Paragraph (a) of subsection (4) of section
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379.401, Florida Statutes, is amended to read:
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379.401 Penalties and violations; civil penalties for
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noncriminal infractions; criminal penalties; suspension and
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forfeiture of licenses and permits.—
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(4) LEVEL FOUR VIOLATIONS.—
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(a) A person commits a Level Four violation if he or she
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violates any of the following provisions:
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1. Section 379.24312, prohibiting the collection or
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transportation of endangered or threatened marine animals for
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educational or exhibition purposes.
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2.1. Section 379.354(16), prohibiting the making, forging,
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counterfeiting, or reproduction of a recreational license or the
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possession of same without authorization from the commission.
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3.2. Section 379.365(2)(c), prohibiting criminal
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activities relating to the taking of stone crabs.
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4.3. Section 379.366(4)(c), prohibiting criminal
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activities relating to the taking and harvesting of blue crabs.
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5.4. Section 379.367(4), prohibiting the willful
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molestation of spiny lobster gear.
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6.5. Section 379.3671(2)(c)5., prohibiting the unlawful
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reproduction, possession, sale, trade, or barter of spiny
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lobster trap tags or certificates.
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7.6. Section 379.404(5), prohibiting the sale of illegally
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taken deer or wild turkey.
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8.7. Section 379.4041(2), prohibiting the sale of
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illegally taken bears.
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9.8. Section 379.405, prohibiting the molestation or theft
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of freshwater fishing gear.
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10.9. Section 379.409, prohibiting the unlawful killing,
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injuring, possessing, or capturing of alligators or other
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crocodilia or their eggs.
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11.10. Section 379.411, prohibiting the intentional
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killing or wounding of any species designated as endangered,
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threatened, or of special concern.
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12.11. Section 379.4115, prohibiting the killing of any
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Florida or wild panther.
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Section 4. This act shall take effect July 1, 2026.