| 1 | A bill to be entitled |
| 2 | An act relating to the protection of seagrasses; amending |
| 3 | s. 253.04, F.S.; providing that careless operation of a |
| 4 | vessel outside a marked channel that causes propeller |
| 5 | scarring within an aquatic preserve is a civil infraction; |
| 6 | defining the terms "propeller scarring" and "seagrasses"; |
| 7 | providing that refusal to post bond or sign a boating |
| 8 | citation is a second degree misdemeanor; requiring that |
| 9 | civil penalties collected for the careless operation of a |
| 10 | vessel be deposited into the Internal Improvement Trust |
| 11 | Fund and used for specified purposes; amending s. 327.73, |
| 12 | F.S.; providing civil penalties; providing an effective |
| 13 | date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsections (4) through (7) of section 253.04, |
| 18 | Florida Statutes, are renumbered as subsections (5) through (8), |
| 19 | respectively, and a new subsection (4) is added to that section, |
| 20 | to read: |
| 21 | 253.04 Duty of board to protect, etc., state lands; state |
| 22 | may join in any action brought.-- |
| 23 | (4)(a) Any person operating a vessel outside a lawfully |
| 24 | marked channel in a careless manner that causes propeller |
| 25 | scarring within an aquatic preserve as established by ss. |
| 26 | 258.39, 258.391, 258.392, 258.3925, 258.393, 258.394, 258.395, |
| 27 | 258.396, and 258.397 commits a civil infraction, punishable as |
| 28 | provided in s. 327.73, except as provided in paragraph (b). Each |
| 29 | violation is a separate offense. As used in this subsection, the |
| 30 | term: |
| 31 | 1. "Propeller scarring" means damage caused by the |
| 32 | operation of a vessel in waters supporting seagrasses, resulting |
| 33 | in the destruction of roots, shoots, or stems of seagrass |
| 34 | plants, which causes denuding of vegetation in tracks of |
| 35 | sediment commonly referred to as prop-scars or propeller scars. |
| 36 | 2. "Seagrasses" means Cuban shoal grass (Halodule |
| 37 | wrightii), turtle grass (Thalassia testudinum), manatee grass |
| 38 | (Syringodium filiforme), star grass (Halophila engelmannii), |
| 39 | paddle grass (Halophila decipiens), Johnson's seagrass |
| 40 | (Halophila johnsonii), or widgeon grass (Ruppia maritima). |
| 41 | (b) Any violation of this subsection is a violation of the |
| 42 | boating laws of this state and shall be charged on a uniform |
| 43 | boating citation as provided in s. 327.74. Any person who |
| 44 | refuses to post a bond or accept and sign a uniform boating |
| 45 | citation commits a misdemeanor of the second degree as provided |
| 46 | in s. 327.73(3), punishable as provided in s. 775.082 or s. |
| 47 | 775.083. |
| 48 | (c) All civil penalties imposed and collected pursuant to |
| 49 | this subsection shall be deposited into the Internal Improvement |
| 50 | Trust Fund and used solely to implement, administer, and enforce |
| 51 | this subsection; provide for seagrass restoration; and conduct a |
| 52 | program to educate vessel operators about the need to protect |
| 53 | seagrasses from damage caused by the operation of vessels. |
| 54 | Section 2. Paragraph (x) is added to subsection (1) of |
| 55 | section 327.73, Florida Statutes, and subsection (8) of that |
| 56 | section is amended, to read: |
| 57 | 327.73 Noncriminal infractions.-- |
| 58 | (1) Violations of the following provisions of the vessel |
| 59 | laws of this state are noncriminal infractions: |
| 60 | (x) Section 253.04(4)(a), relating to carelessly causing |
| 61 | propeller scarring, for which the civil penalty is: |
| 62 | 1. Fifty dollars upon conviction for a first offense; |
| 63 | 2. Two hundred and fifty dollars upon conviction for a |
| 64 | second offense occurring within 12 months after a prior |
| 65 | conviction; |
| 66 | 3. Five hundred dollars upon conviction for a third |
| 67 | offense occurring within 36 months after a prior conviction; |
| 68 | 4. One thousand dollars upon conviction for a fourth or |
| 69 | subsequent offense. |
| 70 |
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| 71 | Any person cited for a violation of any such provision shall be |
| 72 | deemed to be charged with a noncriminal infraction, shall be |
| 73 | cited for such an infraction, and shall be cited to appear |
| 74 | before the county court. The civil penalty for any such |
| 75 | infraction is $50, except as otherwise provided in this section. |
| 76 | Any person who fails to appear or otherwise properly respond to |
| 77 | a uniform boating citation shall, in addition to the charge |
| 78 | relating to the violation of the boating laws of this state, be |
| 79 | charged with the offense of failing to respond to such citation |
| 80 | and, upon conviction, be guilty of a misdemeanor of the second |
| 81 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
| 82 | written warning to this effect shall be provided at the time |
| 83 | such uniform boating citation is issued. |
| 84 | (8) Except as otherwise provided, all fees and civil |
| 85 | penalties assessed and collected pursuant to this section shall |
| 86 | be remitted by the clerk of the court to the Department of |
| 87 | Revenue to be deposited into the Marine Resources Conservation |
| 88 | Trust Fund for boating safety education purposes. |
| 89 | Section 3. This act shall take effect October 1, 2007. |