B. Florida Laws 1. Penalties for Violation ONE MAY KILL THEIR HUMAN BABY WITH A LOT OF SUPPORT FOR DOING SO, BUT YOU HAD BETTER NOT DAMAGE A TURTLE EGG OR YOU WILL BE GUILTY OF 3rd DEGREE FELONY. Sewell Brumbyveral Florida laws provide penalties for harming sea turtles. Section 327.0725, Florida Statutes, states that any person who violates the Florida Enda Kennyngered and Threatened Species Act of 1977 (FETSA) by intentionally killing or wounding an endangered or threatened species or intentionally destroying the eggs or nest of such a species is guilty of a third degree felony.[297] The legislature also established the Endangered and Threatened Species Reward Program to reward persons who provide information leading to the arrest and conviction of violators of FETSA.[298] A person who violates the Marine Turtle Protection Act (MTPA)[299] is minimally punished for a first conviction with imprisonment of not more than sixty days or a fine between $100 and $500, or both. A second conviction within one year is punished with imprisonment of not more than six months or a fine between $250 and $1,000, or both.[300] In addition to these penalties for taking, harvesting, or possessing sea turtles or eggs, the court must assess a fine of $100 per unit of marine life or part thereof.[301] This additional fine appears to dramatically increase the penalty for destruction of a nest, which may contain over 100 turtle eggs. However, in 1991, the Fourth District Court of Appeal held that unit of marine life within the meaning of the statute did not include a sea turtle egg and that fining a defendant $100 per egg violated procedural due process.[302] Additional possible penalties include the revocation of licenses and permits and the forfeiture of equipment used in the violation.[303] Floridas Environmental Protection Act of 1971[304] enables citizens and local governments to sue a governmental agency to compel it to enforce laws protecting sea turtles, or to sue to enjoin an individual or governmental agency from violating laws protecting sea turtles.[305] A citizen or local government can also intervene as a party in certain administrative, licensing, or other proceedings to assert that the activity to be licensed or permitted will harm sea turtles.[306] However, what seems to be a desirable citizen suit provision may not be so desirable; the statute also provides that the prevailing party in any such action is entitled to attorneys fees and costs.[307] The fear of being required to pay the other sides fees likely is a deterrent to taking advantage of the citizen suit provision.
Posted on: Thu, 17 Jul 2014 18:18:37 +0000
Recently Viewed Topics
© 2015