370.1107  Definition; possession of certain licensed traps prohibited; penalties; exceptions; consent.--

(1)  As used in this section, the term "licensed saltwater fisheries trap" means any trap required to be licensed by the Department of Environmental Protection and authorized pursuant to this chapter or by the Florida Marine Fisheries Commission for the taking of saltwater products.

(2)  It is unlawful for any person, firm, corporation, or association to be in actual or constructive possession of a licensed saltwater fisheries trap registered with the Department of Environmental Protection in another person's, firm's, corporation's, or association's name.

(a)  Unlawful possession of less than three licensed saltwater fisheries traps is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b)  Unlawful possession of three or more licensed saltwater fisheries traps is a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(c)  Upon the arrest and conviction for violation of this section, any licenseholder shall show just cause why his or her license shall not be suspended or permanently revoked.

(3)  This section shall not apply to the agents or employees of the registered owner of the licensed saltwater fisheries trap or to a person, firm, corporation or association who has the written consent from the owner of the licensed saltwater fisheries trap, to possess such licensed saltwater fisheries trap, or to agents or employees of the Department of Environmental Protection who are engaged in the removal of traps during the closed season.

(4)  The registered owner of the licensed saltwater fisheries trap shall provide the Department of Environmental Protection with the names of any agents, employees, or any other person, firm, company, or association to whom the registered owner has given consent to possess said licensed saltwater fisheries trap.