Senate Bill sb2178c1
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    Florida Senate - 2007                           CS for SB 2178
    By the Committee on Community Affairs; and Senator Bennett
    578-2663-07
  1                      A bill to be entitled
  2         An act relating to the protection and
  3         restoration of seagrass beds; creating a pilot
  4         program for the restoration of seagrass beds
  5         within specified counties and related natural
  6         resources; providing definitions; providing
  7         legislative findings and purposes; requiring
  8         that damages recovered for injury to, and the
  9         destruction of, seagrass beds in certain
10         counties, and related natural resources be
11         deposited into the Ecosystem Management and
12         Restoration Trust Fund; requiring the
13         Department of Environmental Protection to
14         expend the funds for restoration, assessment,
15         or rehabilitation of seagrass beds and natural
16         resources; providing criteria governing such
17         expenditures by the department; providing for
18         auditing and reporting by a private recipient
19         of funds; prohibiting any reduction of certain
20         appropriations to a state agency that receives
21         funds under the act; requiring that the
22         department report to the Legislature whether
23         the pilot program should be expanded;
24         authorizing rulemaking by the department;
25         amending s. 253.04, F.S.; providing that
26         careless operation of a vessel outside a marked
27         channel which causes propeller scarring in an
28         acquatic preserve is a civil infraction;
29         defining the terms "propeller scarring" and
30         "seagrasses"; providing that refusal to post
31         bond or sign a boating citation is a
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    Florida Senate - 2007                           CS for SB 2178
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 1         second-degree misdemeanor; requiring that civil
 2         penalties collected for the careless operation
 3         of a vessel be deposited into the Internal
 4         Improvement Trust Fund and used for specified
 5         purposes; amending s. 327.73, F.S.; providing
 6         civil penalties; requiring the Office of
 7         Program Policy Analysis and Government
 8         Accountability to evaluate the recreational
 9         marine industry and report to the Legislature;
10         amending s. 327.803, F.S.; increasing the
11         number of members of the Boating Advisory
12         Council; adding a representative of the
13         recreational airboating community; amending s.
14         403.1651, F.S., relating to the Ecosystem
15         Management and Restoration Trust Fund;
16         conforming provisions to changes made by the
17         act; providing effective dates.
18  
19  Be It Enacted by the Legislature of the State of Florida:
20  
21         Section 1.  Pilot program for the restoration of
22  seagrass beds.--
23         (1)  As used in this section, the term:
24         (a)  "Damages" means money damages paid by any person,
25  whether voluntarily or as a result of administrative or
26  judicial action, to the state as compensation, restitution, or
27  punitive damages for causing injury to, or the destruction of,
28  the seagrass beds of Brevard County, Lee County, Manatee
29  County, Monroe County, or Pinellas County or to the natural
30  resources that depend on the health and productivity of those
31  seagrass beds.
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    Florida Senate - 2007                           CS for SB 2178
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 1         (b)  "Fund" means the Ecosystem Management and
 2  Restoration Trust Fund.
 3         (c)  "Natural resources" means land, air, water, ground
 4  water, drinking water supplies, fish and their habitats,
 5  wildlife and their habitats, biota, and other such resources
 6  belonging to, managed by, held in trust by, appertaining to,
 7  or otherwise controlled by the state.
 8         (d)  "Seagrass bed" means a community of flowering
 9  underwater plants which is located in shallow marine waters,
10  such as in a bay or lagoon, or along the continental shelf in
11  the Gulf of Mexico.
12         (2)  The Legislature finds that:
13         (a)  The preservation of seagrass beds is critical to
14  protecting the marine life, water quality, and ocean-based
15  economy of this state. Seagrass beds maintain water quality
16  and provide food, habitat, and nursery areas for numerous
17  species of marine life. This state's multimillion-dollar
18  fishing and diving industries depend on the health and
19  productivity of the seagrass beds. Estimates indicate that
20  thousands of acres of seagrass beds in this state have been
21  scarred from boat propellers. Impacts from boat groundings
22  fragment the grass bed, restricting the movement of the marine
23  life that depends upon the habitat. Seagrass beds can take up
24  to a decade to recover from propeller scars.
25         (b)  Seagrass beds and the natural resources that
26  depend on the health and productivity of seagrass beds are
27  subject to instantaneous injury or loss from a variety of
28  negligent and willful acts in ways that cannot be foreseen and
29  provided for in the normal budget process. Due to the
30  unforseeability of such incidents, funds have not been
31  available for reimbursement of extraordinary expenses incurred
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    Florida Senate - 2007                           CS for SB 2178
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 1  by the Department of Environmental Protection in seeking
 2  compensation, on behalf of the residents of the state, for the
 3  injury to, or destruction of, these natural resources. As a
 4  result, a significant amount of monetary damages recovered by
 5  the state for injury to, or destruction of, its seagrass beds
 6  and the natural resources that depend on the health and
 7  productivity of seagrass beds are deposited into the general
 8  accounts of the State Treasury and are not specifically set
 9  aside for the restoration or rehabilitation of the injured or
10  destroyed natural resources in areas of the state where the
11  injury or loss occurred.
12         (3)  The purpose of this section is to establish a
13  pilot program that provides for the immediate stabilization
14  and restoration of seagrass beds in Brevard, Lee, Manatee,
15  Monroe, and Pinellas Counties where damage has occurred and to
16  remediate the injury to, or destruction of, natural resources
17  that are dependent upon the health and productivity of those
18  seagrass beds.
19         (4)(a)  All damages recovered by or on behalf of the
20  state for injury to, or destruction of, the seagrass beds in
21  Brevard, Lee, Manatee, Monroe, and Pinellas Counties, or to
22  the natural resources that depend on the health and
23  productivity of those seagrass beds, which would otherwise be
24  deposited into the general revenue accounts of the State
25  Treasury or into the Internal Improvement Trust Fund shall be
26  deposited into the Ecosystem Management and Restoration Trust
27  Fund and shall remain in that fund until expended by the
28  Department of Environmental Protection under the pilot program
29  established in this section.
30         (b)  Moneys in the fund shall be expended only for
31  restoration, assessment, or rehabilitation of such injured or
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    Florida Senate - 2007                           CS for SB 2178
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 1  destroyed seagrass beds and natural resources through a
 2  contract with a qualified person. In order to prevent further
 3  erosion, turbidity, and potential loss of natural resources,
 4  each contract must require assessment and stabilization of the
 5  seagrass bed within 30 days after an incident that damages the
 6  seagrass bed occurs, must use a stabilization protocol
 7  following the guidelines in the Final Programmatic
 8  Environmental Impact Statement for Seagrass Restoration in the
 9  Florida Keys National Marine Sanctuary, and must use only
10  those stabilization techniques that are scientifically proven
11  and published in peer-reviewed literature.
12         (5)(a)  Each recipient of disbursements from the fund
13  must agree in advance that its accounts and records of
14  expenditures of such moneys are subject to audit at any time
15  by appropriate state officials and shall submit a final
16  written report describing its expenditures within 90 days
17  after the moneys are expended.
18         (b)  When payments are made to a state agency from the
19  fund under paragraph (4)(a), such payments shall be considered
20  as payments for extraordinary expenses, and other
21  appropriations to that agency may not be reduced by any amount
22  as a result of such payments.
23         (6)  The Department of Environmental Protection shall
24  evaluate the pilot program and report to the President of the
25  Senate and the Speaker of the House of Representatives on
26  whether the pilot program should be expanded in order to
27  restore additional areas of the state's seagrass beds and
28  natural resources. The report on the pilot program is due by
29  January 1, 2009.
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31  
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    Florida Senate - 2007                           CS for SB 2178
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 1         (7)  The Department of Environmental Protection may
 2  adopt rules under ss. 120.536(1) and 120.54, Florida Statutes,
 3  to administer this section.
 4         Section 2.  Effective October 1, 2007, present
 5  subsections (4), (5), (6), and (7) of section 253.04, Florida
 6  Statutes, are redesignated as subsections (5), (6), (7), and
 7  (8), respectively, and a new subsection (4) is added to that
 8  section, to read:
 9         253.04  Duty of board to protect, etc., state lands;
10  state may join in any action brought.--
11         (4)(a)  Any person operating a vessel outside a
12  lawfully marked channel in a careless manner that causes
13  propeller scarring within an acquatic preserve commits a civil
14  infraction, punishable as provided in s. 327.73. Each
15  violation is a separate offense. As used in this subsection,
16  the term:
17         1.  "Propeller scarring" means damage caused by the
18  operation of a vessel in waters supporting seagrasses,
19  resulting in the destruction of roots, shoots, or stems of
20  seagrass plants, which causes denuding of vegetation in tracks
21  of sediment commonly referred to as prop-scars or propeller
22  scars.
23         2.  "Seagrasses" means Cuban shoal grass (Halodule
24  wrightii), turtle grass (Thalassia testudinum), manatee grass
25  (Syringodium filiforme), star grass (Halophila engelmannii),
26  paddle grass (Halophila decipiens), Johnson's seagrass
27  (Halophila johnsonii), or widgeon grass (Ruppia maritima).
28         (b)  Any violation of this subsection is a violation of
29  the boating laws of this state and shall be charged on a
30  uniform boating citation as provided in s. 327.74. Any person
31  who refuses to post a bond or accept and sign a uniform
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    Florida Senate - 2007                           CS for SB 2178
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 1  boating citation commits a misdemeanor of the second degree as
 2  provided in s. 327.73(3), punishable as provided in s. 775.082
 3  or s. 775.083.
 4         (c)  All civil penalties imposed and collected pursuant
 5  to this subsection shall be deposited into the Internal
 6  Improvement Trust Fund and used solely to implement,
 7  administer, and enforce this subsection; provide for seagrass
 8  restoration; and conduct a program to educate vessel operators
 9  about the need to protect seagrasses from damage caused by the
10  operation of vessels.
11         Section 3.  Effective October 1, 2007, paragraph (x) is
12  added to subsection (1) of section 327.73, Florida Statutes,
13  and subsection (8) of that section is amended, to read:
14         327.73  Noncriminal infractions.--
15         (1)  Violations of the following provisions of the
16  vessel laws of this state are noncriminal infractions:
17         (x)  Section 253.04(4)(a), relating to carelessly
18  causing propeller scarring in an acquatic preserve, for which
19  the civil penalty is:
20         1.  Fifty dollars upon conviction for a first offense;
21         2.  Two hundred and fifty dollars upon conviction for a
22  second offense occurring within 12 months after a prior
23  conviction;
24         3.  Five hundred dollars upon conviction for a third
25  offense occurring within 36 months after a prior conviction;
26         4.  One thousand dollars upon conviction for a fourth
27  or subsequent offense.
28  
29  Any person cited for a violation of any such provision shall
30  be deemed to be charged with a noncriminal infraction, shall
31  be cited for such an infraction, and shall be cited to appear
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 1  before the county court. The civil penalty for any such
 2  infraction is $50, except as otherwise provided in this
 3  section. Any person who fails to appear or otherwise properly
 4  respond to a uniform boating citation shall, in addition to
 5  the charge relating to the violation of the boating laws of
 6  this state, be charged with the offense of failing to respond
 7  to such citation and, upon conviction, be guilty of a
 8  misdemeanor of the second degree, punishable as provided in s.
 9  775.082 or s. 775.083. A written warning to this effect shall
10  be provided at the time such uniform boating citation is
11  issued.
12         (8)  Except as otherwise provided in s. 253.04(4)(c),
13  all fees and civil penalties assessed and collected pursuant
14  to this section shall be remitted by the clerk of the court to
15  the Department of Revenue to be deposited into the Marine
16  Resources Conservation Trust Fund for boating safety education
17  purposes.
18         Section 4.  The Office of Program Policy Analysis and
19  Government Accountability shall evaluate the overall impact of
20  the recreational marine industry in this state and report its
21  findings to the Legislature by January 1, 2008. The evaluation
22  must:
23         (1)  Include a review of the incentives that are
24  currently available to retain or expand businesses associated
25  with recreational marine industry in this state and a
26  comparison of such incentives to incentives available to
27  retain or expand such businesses in states having a notable
28  recreational marine-industry presence, including North
29  Carolina, Maryland, and Washington.
30         (2)  Examine how many recreational marine-industry
31  businesses have left this state and relocated out of state and
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 1  identify potential policies to retain and expand recreational
 2  marine businesses in this state.
 3         (3)  Examine the economic impact of the recreational
 4  marine industry in total dollars and jobs and review efforts
 5  related to workforce retention and attraction, slip shortages,
 6  ramp accessibility and shortages, and the impacts of boaters
 7  who are residents in comparison to boaters who are transients.
 8         Section 5.  Subsection (1) of section 327.803, Florida
 9  Statutes, is amended to read:
10         327.803  Boating Advisory Council.--
11         (1)  The Boating Advisory Council is created within the
12  Fish and Wildlife Conservation Commission and shall be
13  composed of 19 18 members. The members include:
14         (a)  One representative from the Fish and Wildlife
15  Conservation Commission, who shall serve as the chair of the
16  council.
17         (b)  One representative each from the Department of
18  Environmental Protection, the United States Coast Guard
19  Auxiliary, the United States Power Squadron, and the inland
20  navigation districts.
21         (c)  One representative of manatee protection
22  interests, one representative of the marine industries, one
23  representative of water-related environmental groups, one
24  representative of canoe or kayak enthusiasts, one
25  representative of marine manufacturers, one representative of
26  commercial vessel owners or operators, one representative of
27  marine special events, one representative actively involved
28  and working full-time in the scuba diving industry who has
29  experience in recreational boating, one representative of
30  either the commercial fishing industry or the commercial
31  shellfishing industry, one representative of the recreational
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    Florida Senate - 2007                           CS for SB 2178
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 1  airboating community, and two representatives of the boating
 2  public, each of whom shall be nominated by the executive
 3  director of the Fish and Wildlife Conservation Commission and
 4  appointed by the Governor to serve staggered 3-year terms.
 5  Members appointed by the Governor may serve no more than two
 6  full consecutive terms.
 7         (d)  One member of the House of Representatives, who
 8  shall be appointed by the Speaker of the House of
 9  Representatives.
10         (e)  One member of the Senate, who shall be appointed
11  by the President of the Senate.
12         Section 6.  Paragraph (f) is added to subsection (1) of
13  section 403.1651, Florida Statutes, and paragraph (b) of
14  subsection (2) of that section is amended, to read:
15         403.1651  Ecosystem Management and Restoration Trust
16  Fund.--
17         (1)  There is created the Ecosystem Management and
18  Restoration Trust Fund to be administered by the Department of
19  Environmental Protection for the purposes of:
20         (f)  Funding the expenditures authorized under section
21  1 of this act.
22         (2)  The trust fund shall be used for the deposit of
23  all moneys recovered by the state:
24         (b)  For injury to or destruction of coral reefs, sea
25  grass beds, or natural resources under section 1 of this act
26  and s. 380.0558, which moneys would otherwise be deposited
27  into the General Revenue Fund or the Internal Improvement
28  Trust Fund.
29         Section 7.  Except as otherwise expressly provided in
30  this act, this act shall take effect July 1, 2007.
31  
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    Florida Senate - 2007                           CS for SB 2178
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2178
 3                                 
 4  The committee substitute increases the number of members on
    the Florida Boating Advisory Council from 18 members to 19
 5  members and adds a representative of the recreational
    airboating community to the council. The committee substitute
 6  creates a noncriminal violation for careless operation of a
    vessel outside a marked channel in an aquatic preserve, and
 7  requires that penalties collected for violations be deposited
    into the Internal Improvement Trust Fund to be used for
 8  specified purposes. The Legislature's Office of Program Policy
    Analysis and Government Accountability is directed to evaluate
 9  the recreational marine industry and report back to the
    Legislature.
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