Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2536
       
       
       
       
       
       
                                Barcode 708694                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/24/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Sobel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  206.606, Florida Statutes, is amended to read
    7         206.606 Distribution of certain proceeds.—
    8         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
    9  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
   10  Fund. Such moneys, after deducting the service charges imposed
   11  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
   12  administrative costs incurred by the department in collecting,
   13  administering, enforcing, and distributing the tax, which
   14  administrative costs may not exceed 2 percent of collections,
   15  shall be distributed monthly to the State Transportation Trust
   16  Fund, except that:
   17         (a) $6.30 million shall be transferred to the Fish and
   18  Wildlife Conservation Commission in each fiscal year and
   19  deposited in the Invasive Plant Control Trust Fund to be used
   20  for aquatic plant management, including nonchemical control of
   21  aquatic weeds, research into nonchemical controls, and
   22  enforcement activities. Beginning in fiscal year 1993-1994, The
   23  commission department shall allocate at least $1 million of such
   24  funds to the eradication of melaleuca.
   25         Section 2. Section 253.002, Florida Statutes, is amended to
   26  read
   27         253.002 Department of Environmental Protection, water
   28  management districts, and Department of Agriculture and Consumer
   29  Services, and Fish and Wildlife Conservation Commission; duties
   30  with respect to state lands.—
   31         (1) The Department of Environmental Protection shall
   32  perform all staff duties and functions related to the
   33  acquisition, administration, and disposition of state lands,
   34  title to which is or will be vested in the Board of Trustees of
   35  the Internal Improvement Trust Fund. However, upon the effective
   36  date of rules adopted pursuant to s. 373.427, a water management
   37  district created under s. 373.069 shall perform the staff duties
   38  and functions related to the review of any application for
   39  authorization to use board of trustees-owned submerged lands
   40  necessary for an activity regulated under part IV of chapter 373
   41  for which the water management district has permitting
   42  responsibility as set forth in an operating agreement adopted
   43  pursuant to s. 373.046(4); and the Department of Agriculture and
   44  Consumer Services shall perform the staff duties and functions
   45  related to the review of applications and compliance with
   46  conditions for use of board of trustees-owned submerged lands
   47  under authorizations or leases issued pursuant to ss. 253.67
   48  253.75 and 597.010. Unless expressly prohibited by law, the
   49  board of trustees may delegate to the department any statutory
   50  duty or obligation relating to the acquisition, administration,
   51  or disposition of lands, title to which is or will be vested in
   52  the board of trustees. The board of trustees may also delegate
   53  to any water management district created under s. 373.069 the
   54  authority to take final agency action, without any action on
   55  behalf of the board, on applications for authorization to use
   56  board of trustees-owned submerged lands for any activity
   57  regulated under part IV of chapter 373 for which the water
   58  management district has permitting responsibility as set forth
   59  in an operating agreement adopted pursuant to s. 373.046(4).
   60  This water management district responsibility under this
   61  subsection shall be subject to the department’s general
   62  supervisory authority pursuant to s. 373.026(7). The board of
   63  trustees may also delegate to the Department of Agriculture and
   64  Consumer Services the authority to take final agency action on
   65  behalf of the board on applications to use board of trustees
   66  owned submerged lands for any activity for which that department
   67  has responsibility pursuant to ss. 253.67-253.75, and 597.010,
   68  and ss. 369.25-369.251. However, the board of trustees shall
   69  retain the authority to take final agency action on establishing
   70  any areas for leasing, new leases, expanding existing lease
   71  areas, or changing the type of lease activity in existing
   72  leases. Upon issuance of an aquaculture lease or other real
   73  property transaction relating to aquaculture, the Department of
   74  Agriculture and Consumer Services must send a copy of the
   75  document and the accompanying survey to the Department of
   76  Environmental Protection. The board of trustees may also
   77  delegate to the Fish and Wildlife Conservation Commission the
   78  authority to take final agency action, without any action on
   79  behalf of the board, on applications for authorization to use
   80  board of trustees-owned submerged lands for any activity
   81  regulated under ss. 369.20 and 369.22 s. 369.20.
   82         (2) Delegations to the department, or a water management
   83  district, or the Department of Agriculture and Consumer Services
   84  of authority to take final agency action on applications for
   85  authorization to use submerged lands owned by the board of
   86  trustees, without any action on behalf of the board of trustees,
   87  shall be by rule. Until rules adopted pursuant to this
   88  subsection become effective, existing delegations by the board
   89  of trustees shall remain in full force and effect. However, the
   90  board of trustees is not limited or prohibited from amending
   91  these delegations. The board of trustees shall adopt by rule any
   92  delegations of its authority to take final agency action without
   93  action by the board of trustees on applications for
   94  authorization to use board of trustees-owned submerged lands.
   95  Any final agency action, without action by the board of
   96  trustees, taken by the department, or a water management
   97  district, or the Department of Agriculture and Consumer Services
   98  on applications to use board of trustees-owned submerged lands
   99  shall be subject to the provisions of s. 373.4275.
  100  Notwithstanding any other provision of this subsection, the
  101  board of trustees, the Department of Legal Affairs, and the
  102  department retain the concurrent authority to assert or defend
  103  title to submerged lands owned by the board of trustees.
  104         Section 3. Effective October 1, 2009, subsection (4) of
  105  section 253.04, Florida Statutes, is amended to read
  106         253.04 Duty of board to protect, etc., state lands; state
  107  may join in any action brought.—
  108         (4) Whenever any person or the agent of any person
  109  knowingly refuses to comply with or willfully violates any of
  110  the provisions of this chapter so that such person causes damage
  111  to the lands of the state or products thereof, including removal
  112  of those products, such violator is liable for such damage.
  113  Whenever two or more persons or their agents cause damage, and
  114  if such damage is indivisible, each violator is jointly and
  115  severally liable for such damage; however, if such damage is
  116  divisible and may be attributed to a particular violator or
  117  violators, each violator is liable only for that damage and
  118  subject to the fine attributable to his or her violation.
  119         (a)The duty to conserve and improve state-owned lands and
  120  the products thereof shall include the preservation and
  121  regeneration of seagrass, which is deemed essential to the
  122  oceans, gulfs, estuaries, and shorelines of the state. A person
  123  operating a vessel outside a lawfully marked channel in a
  124  careless manner that causes seagrass scarring within an aquatic
  125  preserve established in ss. 258.39-258.399, with the exception
  126  of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
  127  Springs aquatic preserves, commits a noncriminal infraction,
  128  punishable as provided in s. 327.73. Each violation is a
  129  separate offense. As used in this subsection, the term:
  130         1. “Seagrass scarring” means destruction of seagrass roots,
  131  shoots, or stems that results in tracks on the substrate, caused
  132  by the operation of a motorized vessel in waters supporting
  133  seagrasses, commonly referred to as prop scars or propeller
  134  scars.
  135         2. “Seagrass” means Cuban shoal grass (Halodule wrightii),
  136  turtle grass (Thalassia testudinum), manatee grass (Syringodium
  137  filiforme), star grass (Halophila engelmannii), paddle grass
  138  (Halophila decipiens), Johnsons seagrass (Halophila johnsonii),
  139  or widgeon grass (Ruppia maritima).
  140         (b) Any violation under paragraph (a) is a violation of the
  141  vessel laws of this state and shall be charged on a uniform
  142  boating citation as provided in s. 327.74. Any person who
  143  refuses to post a bond or accept and sign a uniform boating
  144  citation commits a misdemeanor of the second degree, as provided
  145  in s. 327.73(3), punishable as provided in s. 775.082 or s.
  146  775.083.
  147         Section 4. Effective October 1, 2009, subsection (3) of
  148  section 319.32, Florida Statutes, is amended to read:
  149         319.32 Fees; service charges; disposition.—
  150         (3) The department shall charge a fee of $10 $4 in addition
  151  to that charged in subsection (1) for each original certificate
  152  of title issued for a vehicle previously registered outside this
  153  state.
  154         Section 5. Effective October 1, 2009, paragraphs (a) and
  155  (x) of subsection (4) of section 320.08056, Florida Statutes,
  156  are amended to read:
  157         320.08056 Specialty license plates.—
  158         (4) The following license plate annual use fees shall be
  159  collected for the appropriate specialty license plates:
  160         (a) Manatee license plate, $25 $20.
  161         (x) Conserve Wildlife license plate, $25 $15.
  162         Section 6. Subsection (4) of section 327.35, Florida
  163  Statutes, is amended to read:
  164         327.35 Boating under the influence; penalties; “designated
  165  drivers”.—
  166         (1) A person is guilty of the offense of boating under the
  167  influence and is subject to punishment as provided in subsection
  168  (2) if the person is operating a vessel within this state and:
  169         (a) The person is under the influence of alcoholic
  170  beverages, any chemical substance set forth in s. 877.111, or
  171  any substance controlled under chapter 893, when affected to the
  172  extent that the person’s normal faculties are impaired;
  173         (b) The person has a blood-alcohol level of 0.08 or more
  174  grams of alcohol per 100 milliliters of blood; or
  175         (c) The person has a breath-alcohol level of 0.08 or more
  176  grams of alcohol per 210 liters of breath.
  177         (4) Any person who is convicted of a violation of
  178  subsection (1) and who has a blood-alcohol level or breath
  179  alcohol level of 0.15 0.20 or higher, or any person who is
  180  convicted of a violation of subsection (1) and who at the time
  181  of the offense was accompanied in the vessel by a person under
  182  the age of 18 years, shall be punished:
  183         (a) By a fine of:
  184         1. Not less than $1,000 or more than $2,000 for a first
  185  conviction.
  186         2. Not less than $2,000 or more than $4,000 for a second
  187  conviction.
  188         3. Not less than $4,000 for a third or subsequent
  189  conviction.
  190         (b) By imprisonment for:
  191         1. Not more than 9 months for a first conviction.
  192         2. Not more than 12 months for a second conviction.
  193  
  194         For the purposes of this subsection, only the instant
  195  offense is required to be a violation of subsection (1) by a
  196  person who has a blood-alcohol level or breath-alcohol level of
  197  0.15 0.20 or higher.
  198         Section 7. Paragraph (a) of subsection (2) of section
  199  327.36, Florida Statutes, is amended to read:
  200         327.36 Mandatory adjudication; prohibition against
  201  accepting plea to lesser included offense.—
  202         (2)(a) No trial judge may accept a plea of guilty to a
  203  lesser offense from a person who is charged with a violation of
  204  s. 327.35, manslaughter resulting from the operation of a
  205  vessel, or vessel homicide and who has been given a breath or
  206  blood test to determine blood or breath alcohol content, the
  207  results of which show a blood-alcohol level or breath-alcohol
  208  level of 0.15 0.16 or more.
  209         Section 8. Effective October 1, 2009, section 327.40,
  210  Florida Statutes, is amended to read:
  211         327.40 Uniform waterway markers for safety and navigation;
  212  informational markers.—
  213         (1) Waters of this state Waterways in Florida which need
  214  marking for safety or navigation purposes shall be marked only
  215  in conformity with under the United States Aids to Navigation
  216  System, 33 C.F.R. part 62. Until December 31, 2003, channel
  217  markers and obstruction markers conforming to the Uniform State
  218  Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
  219  to be used on waters of this state that are not navigable waters
  220  of the United States.
  221         (2)(a) Application for marking inland lakes and state
  222  waters and any navigable waters under concurrent jurisdiction of
  223  the Coast Guard and the division shall be made to the division,
  224  accompanied by a map locating the approximate placement of
  225  markers, a list of the markers to be placed, a statement of the
  226  specification of the markers, a statement of the purpose of
  227  marking, and the names of persons responsible for the placement
  228  and upkeep of such markers. The division will assist the
  229  applicant to secure the proper permission from the Coast Guard
  230  where required, make such investigations as needed, and issue a
  231  permit. The division shall furnish the applicant with the
  232  information concerning the system adopted and the rules existing
  233  for placing and maintaining the markers. The division shall keep
  234  records of all approvals given and counsel with individuals,
  235  counties, municipalities, motorboat clubs, or other groups
  236  desiring to mark waterways for safety and navigation purposes in
  237  Florida.
  238         (b)1. No person or municipality, county, or other
  239  governmental entity shall place any uniform waterway marker
  240  safety or navigation markers in, on, or over the waters or
  241  shores of the state without a permit from the division.
  242         2. The placement of informational markers, including, but
  243  not limited to, markers indicating end of boat ramp, no
  244  swimming, swimming area, lake name, trash receptacle, public
  245  health notice, or underwater hazard and canal, regulatory,
  246  emergency, and special event markers, by counties,
  247  municipalities, or other governmental entities on inland lakes
  248  and their associated canals are exempt from permitting under
  249  this section. Such markers, excluding swimming area and special
  250  event markers, may be no more than 50 feet from the normal
  251  shoreline.
  252         (c) The commission is authorized to adopt rules pursuant to
  253  chapter 120 to implement this section.
  254         (3) The placement under this section or s. 327.41 of any
  255  uniform waterway marker safety or navigation marker or any
  256  informational marker under subparagraph (2)(b)2. on state
  257  submerged lands under this section does not subject such lands
  258  to the lease requirements of chapter 253.
  259         Section 9. Effective October 1, 2009, subsection (2) of
  260  section 327.41, Florida Statutes, is amended to read:
  261         327.41 Uniform waterway regulatory markers.—
  262         (2) Any county or municipality which has been granted a
  263  boating-restricted restricted area designation, by rule of the
  264  commission pursuant to s. 327.46, for a portion of the Florida
  265  Intracoastal Waterway within its jurisdiction or which has
  266  adopted a boating-restricted restricted area by ordinance
  267  pursuant to s. 327.46(1)(b) s. 327.22, s. 327.60, or s.
  268  379.2431(2)(p), or any other governmental entity which has
  269  legally established a boating-restricted restricted area, may
  270  apply to the commission for permission to place regulatory
  271  markers within the boating-restricted restricted area.
  272         Section 10. Effective October 1, 2009, section 327.42,
  273  Florida Statutes, is amended to read:
  274         327.42 Mooring to or damaging of markers or buoys
  275  prohibited.—
  276         (1) No person shall moor or fasten a vessel to a lawfully
  277  placed uniform waterway aid-to-navigation marker or buoy,
  278  regulatory marker or buoy, or area boundary marker or buoy,
  279  placed or erected by any governmental agency, except in case of
  280  emergency or with the written consent of the marker’s owner.
  281         (2) No person shall willfully damage, alter, or move a
  282  lawfully placed uniform waterway aid-to-navigation marker or
  283  buoy, regulatory marker or buoy, or area boundary marker or
  284  buoy.
  285         Section 11. Effective October 1, 2009, section 327.46,
  286  Florida Statutes, is amended to read:
  287         327.46 Boating-restricted Restricted areas.—
  288         (1) Boating-restricted The commission has the authority to
  289  establish by rule, pursuant to chapter 120, restricted areas,
  290  including, but not limited to, restrictions of vessel speeds and
  291  vessel traffic, may be established on the waters of this the
  292  state for any purpose deemed necessary to protect for the safety
  293  of the public, including, but not limited to, vessel speeds and
  294  vessel traffic, where such restrictions are deemed necessary
  295  based on boating accidents, visibility, hazardous currents or
  296  water levels, vessel traffic congestion, or other navigational
  297  hazards.
  298         (a) The commission may establish boating-restricted areas
  299  by rule, pursuant to chapter 120.
  300         (b) Municipalities and counties have the authority to
  301  establish the following boating restricted areas by ordinance:
  302         1.An ordinance establishing an Idle Speed-No Wake boating
  303  restricted area, if the area is:
  304         a. Within 500 feet of any boat ramp, hoist, marine railway,
  305  or other launching or landing facility available for use by the
  306  general boating public on waterways more than 300 feet in width
  307  or within 300 feet of any boat ramp, hoist, marine railway, or
  308  other launching or landing facility available for use by the
  309  general boating public on waterways not exceeding 300 feet in
  310  width.
  311         b. Within 500 feet of fuel pumps or dispensers at any
  312  marine fueling facility which sells motor fuel to the general
  313  boating public on waterways more than 300 feet in width or
  314  within 300 feet of the fuel pumps or dispensers at any licensed
  315  terminal facility which sells motor fuel to the general boating
  316  public on waterways not exceeding 300 feet in width.
  317         c. Inside or within 300 feet of any lock structure.
  318         2.An ordinance establishing a Slow Speed Minimum Wake
  319  boating restricted area if the area is:
  320         a. Within 300 feet of any bridge fender system.
  321         b. Within 300 feet of any bridge span presenting a vertical
  322  clearance of less than 25 feet or a horizontal clearance of less
  323  than 100 feet.
  324         c. Within 300 feet of a confluence of water bodies
  325  presenting a blind corner, a bend in a narrow channel or
  326  fairway, or such other area where an intervening obstruction to
  327  visibility may obscure other vessels or other users of the
  328  waterway.
  329         d. On a creek, stream, canal, or similar linear waterway
  330  where the waterway is less than 75 feet in width from shoreline
  331  to shoreline.
  332         e. On a lake or pond of less than 10 acres in total surface
  333  area.
  334         3.An ordinance establishing a vessel exclusion zone if the
  335  area is:
  336         a. Designated as a public bathing beach or swim area.
  337         b. Reserved exclusively as a canoe trail or otherwise
  338  limited to vessels under oars.
  339         c. Within 300 feet of a dam, spillway, or flood control
  340  structure.
  341         (c) Except as provided in s. 327.60, municipalities and
  342  counties have the authority to establish by ordinance such other
  343  boating restricted areas as are necessary to protect human life
  344  and limb, vessel traffic safety, or maritime property; however,
  345  such an ordinance may not take effect until the commission has
  346  reviewed the ordinance and determined that the ordinance is
  347  necessary to protect human life and limb, vessel traffic safety,
  348  or maritime property. The commission shall establish by rule,
  349  pursuant to chapter 120, the criteria for making such
  350  determinations.
  351         (2) Each such boating-restricted restricted area shall be
  352  developed in consultation and coordination with the governing
  353  body of the county or municipality in which the boating
  354  restricted restricted area is located and, when the boating
  355  restricted area is to be on the navigable waters of the United
  356  States where required, with the United States Coast Guard and
  357  the United States Army Corps of Engineers.
  358         (3)(2) It is unlawful for any person to operate a vessel in
  359  a prohibited manner or to carry on any prohibited activity, as
  360  defined in this chapter, deemed a safety hazard or interference
  361  with navigation as provided above within a boating-restricted
  362  restricted water area which has been clearly marked by
  363  regulatory markers as authorized under this chapter.
  364         (4)(3)Restrictions in a boating-restricted area
  365  established pursuant to this section shall not apply in the case
  366  of an emergency or to a law enforcement, firefighting, or rescue
  367  vessel owned or operated by a governmental entity.
  368         (5)(a) Noncriminal violations committed within legally
  369  established boating-restricted areas that are properly marked as
  370  permitted under ss. 327.40 and 327.41 may be enforced by a
  371  uniform boating citation mailed to the registered owner of the
  372  vessel.
  373         (b) Citations issued to livery vessels under this
  374  subsection shall be the responsibility of the lessee of the
  375  vessel if the livery has included a warning of this
  376  responsibility as a part of the rental agreement and has
  377  provided to the agency issuing the citation the name, address,
  378  and date of birth of the lessee when requested by that agency.
  379  The livery is not responsible for the payment of citations if
  380  the livery provides the required warning and lessee information.
  381         (c) This subsection supplements the enforcement of this
  382  section by law enforcement officers and does not prohibit a law
  383  enforcement officer from issuing a citation for a violation of
  384  this section in accordance with normal boating enforcement
  385  techniques.
  386         Section 12. Effective October 1, 2009, section 327.60,
  387  Florida Statutes, is amended to read:
  388         327.60 Local regulations; limitations.—
  389         (1) The provisions of this chapter and chapter 328 ss.
  390  327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
  391  327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
  392  govern the operation, equipment, and all other matters relating
  393  thereto whenever any vessel shall be operated upon the waters of
  394  this state waterways or when any activity regulated hereby shall
  395  take place thereon.
  396         (2) Nothing in this chapter or chapter 328 these sections
  397  shall be construed to prevent the adoption of any ordinance or
  398  local regulation law relating to operation and equipment of
  399  vessels, except that no county or municipality shall enact,
  400  continue in effect, or enforce any ordinance or local
  401  regulation:
  402         (a) Establishing a vessel or associated equipment
  403  performance or other safety standard, imposing a requirement for
  404  associated equipment, or regulating the carrying or use of
  405  marine safety articles;
  406         (b) With respect to the design, manufacture, installation,
  407  or use of any marine sanitation device on any vessel;
  408         (c) Regulating any vessel upon the Florida Intracoastal
  409  Waterway;
  410         (d) Discriminating against personal watercraft;
  411         (e) Discriminating against airboats, for ordinances adopted
  412  after July 1, 2006, unless adopted by a two-thirds vote of the
  413  governing body enacting such ordinance;
  414         (f) Regulating the anchoring of vessels other than live
  415  aboard vessels outside of the marked boundaries of mooring
  416  fields permitted as provided in s. 327.40;
  417         (g) Regulating engine or exhaust noise, except as provided
  418  in s. 327.65; or
  419         (h) That is in conflict with this chapter or any amendments
  420  thereto or rules thereunder. no such ordinance or local law may
  421  apply to the Florida Intracoastal Waterway and except that such
  422  ordinances or local laws shall be operative only when they are
  423  not in conflict with this chapter or any amendments thereto or
  424  regulations thereunder. Any ordinance or local law which has
  425  been adopted pursuant to this section or to any other state law
  426  may not discriminate against personal watercraft as defined in
  427  s. 327.02. Effective July 1, 2006, any ordinance or local law
  428  adopted pursuant to this section or any other state law may not
  429  discriminate against airboats except by a two-thirds vote of the
  430  governing body enacting such ordinance.
  431         (3)(2) Nothing contained in the provisions of this section
  432  shall be construed to prohibit local governmental authorities
  433  from the enactment or enforcement of regulations which prohibit
  434  or restrict the mooring or anchoring of floating structures or
  435  live-aboard vessels within their jurisdictions or of any vessels
  436  within the marked boundaries of mooring fields permitted as
  437  provided in s. 327.40. However, local governmental authorities
  438  are prohibited from regulating the anchoring outside of such
  439  mooring fields of vessels other than live-aboard vessels as
  440  defined in s. 327.02 non-live-aboard vessels in navigation.
  441         Section 13. Section 327.66, Florida Statutes, is created to
  442  read:
  443         327.66 Carriage of gasoline on vessels.—
  444         (1)(a) A person shall not:
  445         1. Possess or operate any vessel that has been equipped
  446  with tanks, bladders, drums, or other containers designed or
  447  intended to hold gasoline, or install or maintain such
  448  containers in a vessel, if such containers do not conform to
  449  federal regulations or have not been approved by the United
  450  States Coast Guard by inspection or special permit.
  451         2. Transport any gasoline in an approved portable container
  452  when the container is in a compartment that is not ventilated in
  453  strict compliance with United States Coast Guard regulations
  454  pertaining to ventilation of compartments containing gasoline
  455  tanks.
  456         (b)A person who violates paragraph (a) commits a
  457  misdemeanor of the second degree, punishable as provided in s.
  458  775.082, s. 775.083, or s. 775.084.
  459         (2)(a)Gasoline possessed or transported in violation of
  460  this section and all containers holding such gasoline are
  461  declared to be a public nuisance. A law enforcement agency
  462  discovering gasoline possessed or transported in violation of
  463  paragraph (1)(a) shall abate the nuisance by removing the
  464  gasoline and containers from the vessel and from the waters of
  465  this state. A law enforcement agency that removes gasoline or
  466  containers pursuant to this subsection may elect to:
  467         1. Retain the property for the agency’s own use;
  468         2. Transfer the property to another unit of state or local
  469  government;
  470         3. Donate the property to a charitable organization; or
  471         4. Sell the property at public sale pursuant to s. 705.103.
  472         (b) A law enforcement agency that seizes gasoline or
  473  containers pursuant to this subsection shall remove and reclaim,
  474  recycle, or otherwise dispose of the gasoline as soon as
  475  practicable in a safe and proper manner.
  476         (3) All conveyances, vessels, vehicles, and other equipment
  477  described in paragraph (1)(a) or used in the commission of a
  478  violation of paragraph (1)(a), other than gasoline or containers
  479  removed as provided in subsection (2), are declared to be
  480  contraband.
  481         (a) Upon conviction of a person arrested for a violation of
  482  paragraph (1)(a), the judge shall issue an order adjudging and
  483  ordering that all conveyances, vessels, vehicles, and other
  484  equipment used in the violation shall be forfeited to the
  485  arresting agency. The requirement for a conviction before
  486  forfeiture of property establishes to the exclusion of any
  487  reasonable doubt that the property was used in connection with
  488  the violation resulting in the conviction, and the procedures of
  489  chapter 932 do not apply to any forfeiture of property under
  490  this subsection following a conviction.
  491         (b) In the absence of an arrest or conviction, any such
  492  conveyance, vessel, vehicle, or other equipment used in
  493  violation of paragraph (1)(a) shall be subject to seizure and
  494  forfeiture as provided by the Florida Contraband Forfeiture Act.
  495         (c) As used in this subsection, the term “conviction” means
  496  a finding of guilt or the acceptance of a plea of guilty or nolo
  497  contendere, regardless of whether adjudication is withheld or
  498  whether imposition of sentence is withheld, deferred, or
  499  suspended.
  500         (4) All costs incurred by the law enforcement agency in the
  501  removal of any gasoline, gasoline container, other equipment, or
  502  vessel as provided in this section shall be recoverable against
  503  the owner thereof. Any person who neglects or refuses to pay
  504  such amount shall not be issued a certificate of registration
  505  for such vessel or for any other vessel or motor vehicle until
  506  the costs have been paid.
  507         (5)Foreign flagged vessels entering United States waters
  508  and Florida state waters in compliance with 19 USC 1433 are
  509  exempt from this section.
  510         Section 14. Effective October 1, 2009, subsection (1) of
  511  section 327.73, Florida Statutes, is amended to read:
  512         327.73 Noncriminal infractions.—
  513         (1) Violations of the following provisions of the vessel
  514  laws of this state are noncriminal infractions:
  515         (a) Section 328.46, relating to operation of unregistered
  516  and unnumbered vessels.
  517         (b) Section 328.48(4), relating to display of number and
  518  possession of registration certificate.
  519         (c) Section 328.48(5), relating to display of decal.
  520         (d) Section 328.52(2), relating to display of number.
  521         (e) Section 328.54, relating to spacing of digits and
  522  letters of identification number.
  523         (f) Section 328.60, relating to military personnel and
  524  registration of vessels.
  525         (g) Section 328.72(13), relating to operation with an
  526  expired registration.
  527         (h) Section 327.33(2), relating to careless operation.
  528         (i) Section 327.37, relating to water skiing, aquaplaning,
  529  parasailing, and similar activities.
  530         (j) Section 327.44, relating to interference with
  531  navigation.
  532         (k) Violations relating to boating-restricted areas and
  533  speed limits:
  534         1. Established by the commission or by local governmental
  535  authorities pursuant to s. 327.46.
  536         2.Established by local governmental authorities pursuant
  537  to s. 327.22 or s. 327.60.
  538         2.3. Speed limits established pursuant to s. 379.2431(2).
  539         (l) Section 327.48, relating to regattas and races.
  540         (m) Section 327.50(1) and (2), relating to required safety
  541  equipment, lights, and shapes.
  542         (n) Section 327.65, relating to muffling devices.
  543         (o) Section 327.33(3)(b), relating to navigation rules.
  544         (p) Section 327.39(1), (2), (3), and (5), relating to
  545  personal watercraft.
  546         (q) Section 327.53(1), (2), and (3), relating to marine
  547  sanitation.
  548         (r) Section 327.53(4), (5), and (7), relating to marine
  549  sanitation, for which the civil penalty is $250.
  550         (s) Section 327.395, relating to boater safety education.
  551         (t) Section 327.52(3), relating to operation of overloaded
  552  or overpowered vessels.
  553         (u) Section 327.331, relating to divers-down flags, except
  554  for violations meeting the requirements of s. 327.33.
  555         (v) Section 327.391(1), relating to the requirement for an
  556  adequate muffler on an airboat.
  557         (w) Section 327.391(3), relating to the display of a flag
  558  on an airboat.
  559         (x)Section 253.04(4)(a), relating to carelessly causing
  560  seagrass scarring, for which the civil penalty upon conviction
  561  is:
  562         1. For a first offense, $50.
  563         2. For a second offense occurring within 12 months after a
  564  prior conviction, $250.
  565         3. For a third offense occurring within 36 months after a
  566  prior conviction, $500.
  567         4. For a fourth or subsequent offense, $1,000.
  568  
  569  Any person cited for a violation of any such provision shall be
  570  deemed to be charged with a noncriminal infraction, shall be
  571  cited for such an infraction, and shall be cited to appear
  572  before the county court. The civil penalty for any such
  573  infraction is $50, except as otherwise provided in this section.
  574  Any person who fails to appear or otherwise properly respond to
  575  a uniform boating citation shall, in addition to the charge
  576  relating to the violation of the boating laws of this state, be
  577  charged with the offense of failing to respond to such citation
  578  and, upon conviction, be guilty of a misdemeanor of the second
  579  degree, punishable as provided in s. 775.082 or s. 775.083. A
  580  written warning to this effect shall be provided at the time
  581  such uniform boating citation is issued.
  582         Section 15. Effective October 1, 2009, subsections (1) and
  583  (2) of section 328.03, Florida Statutes, are amended to read:
  584         328.03 Certificate of title required.—
  585         (1) Each vessel that is operated, used, or stored on the
  586  waters of this state must be titled by this state pursuant to
  587  this chapter, unless it is:
  588         (a) A vessel operated, used, and stored exclusively on
  589  private lakes and ponds;.
  590         (b) A vessel owned by the United States Government;.
  591         (c) A non-motor-powered vessel less than 16 feet in
  592  length;.
  593         (d) A federally documented vessel;.
  594         (e) A vessel already covered by a registration number in
  595  full force and effect which was awarded to it pursuant to a
  596  federally approved numbering system of another state or by the
  597  United States Coast Guard in a state without a federally
  598  approved numbering system, if the vessel is not located in this
  599  state for a period in excess of 90 consecutive days;.
  600         (f) A vessel from a country other than the United States
  601  temporarily used, operated, or stored on using the waters of
  602  this state for a period that is not in excess of 90 days;.
  603         (g) An amphibious vessel for which a vehicle title is
  604  issued by the Department of Highway Safety and Motor Vehicles;.
  605         (h) A vessel used solely for demonstration, testing, or
  606  sales promotional purposes by the manufacturer or dealer; or.
  607         (i) A vessel owned and operated by the state or a political
  608  subdivision thereof.
  609         (2) A person shall not operate, use, or store a vessel for
  610  which a certificate of title is required unless the owner has
  611  received from the Department of Highway Safety and Motor
  612  Vehicles a valid certificate of title for such vessel. However,
  613  such vessel may be operated, used, or stored for a period of up
  614  to 180 days after from the date of application for a certificate
  615  of title while the application is pending.
  616         Section 16. Effective October 1, 2009, subsections (1) and
  617  (2) of section 328.07, Florida Statutes, are amended to read:
  618         328.07 Hull identification number required.—
  619         (1) No person shall operate, use, or store on the waters of
  620  this state a vessel the construction of which began after
  621  October 31, 1972, for which the department has issued a
  622  certificate of title or which is required by law to be
  623  registered, unless the vessel displays the assigned hull
  624  identification number affixed by the manufacturer as required by
  625  the United States Coast Guard or by the department for a
  626  homemade vessel or other vessel for which a hull identification
  627  number is not required by the United States Coast Guard. The
  628  hull identification number must be carved, burned, stamped,
  629  embossed, or otherwise permanently affixed to the outboard side
  630  of the transom or, if there is no transom, to the outermost
  631  starboard side at the end of the hull that bears the rudder or
  632  other steering mechanism, above the waterline of the vessel in
  633  such a way that alteration, removal, or replacement would be
  634  obvious and evident. The characters of the hull identification
  635  number must be no less than 12 in number and no less than one
  636  fourth inch in height.
  637         (2) No person shall operate, use, or store on the waters of
  638  this state a vessel the construction of which was completed
  639  before November 1, 1972, for which the department has issued a
  640  certificate of title or which is required by law to be
  641  registered, unless the vessel displays a hull identification
  642  number. The hull identification number shall be clearly
  643  imprinted in the transom or on the hull by stamping, impressing,
  644  or marking with pressure. In lieu of imprinting, the hull
  645  identification number may be displayed on a plate in a permanent
  646  manner. A vessel for which the manufacturer has provided no hull
  647  identification number or a homemade vessel shall be assigned a
  648  hull identification number by the department which shall be
  649  affixed to the vessel pursuant to this section.
  650         (3)(a) No person, firm, association, or corporation shall
  651  destroy, remove, alter, cover, or deface the hull identification
  652  number or hull serial number, or plate bearing such number, of
  653  any vessel, except to make necessary repairs which require the
  654  removal of the hull identification number and immediately upon
  655  completion of such repairs shall reaffix the hull identification
  656  number in accordance with subsection (2).
  657         (b) If any of the hull identification numbers required by
  658  the United States Coast Guard for a vessel manufactured after
  659  October 31, 1972, do not exist or have been altered, removed,
  660  destroyed, covered, or defaced or the real identity of the
  661  vessel cannot be determined, the vessel may be seized as
  662  contraband property by a law enforcement agency or the division,
  663  and shall be subject to forfeiture pursuant to ss. 932.701
  664  932.706. Such vessel may not be sold or operated on the waters
  665  of the state unless the division receives a request from a law
  666  enforcement agency providing adequate documentation or is
  667  directed by written order of a court of competent jurisdiction
  668  to issue to the vessel a replacement hull identification number
  669  which shall thereafter be used for identification purposes. No
  670  vessel shall be forfeited under the Florida Contraband
  671  Forfeiture Act when the owner unknowingly, inadvertently, or
  672  neglectfully altered, removed, destroyed, covered, or defaced
  673  the vessel hull identification number.
  674         Section 17. Effective October 1, 2009, section 328.46,
  675  Florida Statutes, is amended to read:
  676         328.46 Operation of registered vessels.—
  677         (1) Every vessel that is required to be registered and that
  678  is being operated, used, or stored on using the waters of this
  679  state shall be registered and numbered within 30 days after
  680  purchase by the owner except as specifically exempt. During this
  681  30-day period, the operator is required to have aboard the
  682  vessel and available for inspection a bill of sale. The bill of
  683  sale for the vessel shall serve as the temporary certificate of
  684  number that is required by federal law and must contain the
  685  following information:
  686         (a) Make of the vessel.
  687         (b) Length of the vessel.
  688         (c) Type of propulsion.
  689         (d) Hull identification number.
  690         (e) A statement declaring Florida to be the state where the
  691  vessel is principally used.
  692         (f) Name of the purchaser.
  693         (g) Address of the purchaser, including ZIP code.
  694         (h) Signature of the purchaser.
  695         (i) Name of the seller.
  696         (j) Signature of the seller.
  697         (k) Date of the sale of the vessel. The date of sale shall
  698  also serve as the date of issuance of the temporary certificate
  699  of number.
  700         (l) Notice to the purchaser and operator that the temporary
  701  authority to use the vessel on the waters of this state is
  702  invalid after 30 days following the date of sale of the vessel.
  703         (2) No person shall operate, use, or store or give
  704  permission for the operation, use, or storage of any such vessel
  705  on such waters unless:
  706         (a) Such vessel is registered within 30 days after purchase
  707  by the owner and numbered with the identifying number set forth
  708  in the certificate of registration, displayed:
  709         1. In accordance with s. 328.48(4), except, if the vessel
  710  is an airboat, the registration number may be displayed on each
  711  side of the rudder; or
  712         2. In accordance with 33 C.F.R. s. 173.27, or with a
  713  federally approved numbering system of another state; and
  714         (b) The certificate of registration or temporary
  715  certificate of number awarded to such vessel is in full force
  716  and effect.
  717         Section 18. Effective October 1, 2009, subsection (2) of
  718  section 328.48, Florida Statutes, is amended to read:
  719         328.48 Vessel registration, application, certificate,
  720  number, decal, duplicate certificate.—
  721         (2) Each vessel operated, All vessels used, or stored on
  722  the waters of this the state must be registered as a, either
  723  commercial vessel or recreational vessel as defined in s. 327.02
  724  this chapter, unless it is except as follows:
  725         (a) A vessel operated, used, and stored exclusively on
  726  private lakes and ponds;.
  727         (b) A vessel owned by the United States Government;.
  728         (c) A vessel used exclusively as a ship’s lifeboat; or.
  729         (d) A non-motor-powered vessel less than 16 feet in length,
  730  or a and any non-motor-powered canoe, kayak, racing shell, or
  731  rowing scull, regardless of length.
  732         Section 19. Effective October 1, 2009, section 328.56,
  733  Florida Statutes, is amended to read:
  734         328.56 Vessel registration number.—Each vessel that is
  735  operated, used, or stored on the waters of this the state must
  736  display a commercial or recreational Florida registration
  737  number, unless it is:
  738         (1) A vessel operated, used, and stored exclusively on
  739  private lakes and ponds;.
  740         (2) A vessel owned by the United States Government;.
  741         (3) A vessel used exclusively as a ship’s lifeboat;.
  742         (4) A non-motor-powered vessel less than 16 feet in length,
  743  or a and any non-motor-powered canoe, kayak, racing shell, or
  744  rowing scull, regardless of length;.
  745         (5) A federally documented vessel;.
  746         (6) A vessel already covered by a registration number in
  747  full force and effect which has been awarded to it pursuant to a
  748  federally approved numbering system of another state or by the
  749  United States Coast Guard in a state without a federally
  750  approved numbering system, if the vessel has not been within
  751  this state for a period in excess of 90 consecutive days;.
  752         (7) A vessel operating under a valid temporary certificate
  753  of number;.
  754         (8) A vessel from a country other than the United States
  755  temporarily using the waters of this state; or.
  756         (9) An undocumented vessel used exclusively for racing.
  757         Section 20. Effective October 1, 2009, section 328.58,
  758  Florida Statutes, is amended to read:
  759         328.58 Reciprocity of nonresident or alien vessels.—The
  760  owner of any vessel already covered by a registration number in
  761  full force and effect which has been awarded by:
  762         (1) By Another state pursuant to a federally approved
  763  numbering system of another state;
  764         (2) By The United States Coast Guard in a state without a
  765  federally approved numbering system; or
  766         (3) By The United States Coast Guard for a federally
  767  documented vessel with a valid registration in full force and
  768  effect from another state, shall record the number with the
  769  Department of Highway Safety and Motor Vehicles prior to
  770  operating, using, or storing the vessel on the waters of this
  771  state in excess of the 90-day reciprocity period provided for in
  772  this chapter. Such recordation shall be pursuant to the
  773  procedure required for the award of an original registration
  774  number, except that no additional or substitute registration
  775  number shall be issued if the vessel owner maintains the
  776  previously awarded registration number in full force and effect.
  777         Section 21. Effective October 1, 2009, section 328.60,
  778  Florida Statutes, is amended to read:
  779         328.60 Military personnel; registration; penalties.—Any
  780  military personnel on active duty in this state operating,
  781  using, or storing a vessel on the waters of this state that has
  782  a registration number in full force and effect which has been
  783  awarded to it pursuant to a federally approved numbering system
  784  of another state or by the United States Coast Guard in a state
  785  without a federally approved numbering system, or a federally
  786  documented vessel with a valid registration in full force and
  787  effect from another state shall not be required to register his
  788  or her vessel in this state while such certificate of
  789  registration remains valid; but, at the expiration of such
  790  registration certificate, all registration and titling shall be
  791  issued by this state. In the case of a federally documented
  792  vessel, the issuance of a title is not required by this chapter.
  793         Section 22. Effective October 1, 2009, section 328.65,
  794  Florida Statutes, is amended to read:
  795         328.65 Legislative intent with respect to registration and
  796  numbering of vessels.—It is the legislative intent that vessels
  797  be registered and numbered uniformly throughout the state. The
  798  purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
  799  328.72 is to make registration and numbering procedures similar
  800  to those of automobiles and airplanes and to provide for a
  801  vessel registration fee and certificate so as to determine the
  802  ownership of vessels which are operated, used, or stored operate
  803  on the waters of this state and to aid in the advancement of
  804  maritime safety.
  805         Section 23. Effective October 1, 2009, subsection (1) of
  806  section 328.66, Florida Statutes, is amended to read:
  807         328.66 County and municipality optional registration fee.—
  808         (1) Any county may impose an annual registration fee on
  809  vessels registered, operated, used, or stored on the waters of
  810  this state in the water within its jurisdiction. This fee shall
  811  be 50 percent of the applicable state registration fee. However,
  812  the first $1 of every registration imposed under this subsection
  813  shall be remitted to the state for deposit in the Save the
  814  Manatee Trust Fund created within the Fish and Wildlife
  815  Conservation Commission, and shall be used only for the purposes
  816  specified in s. 379.2431(4). All other moneys received from such
  817  fee shall be expended for the patrol, regulation, and
  818  maintenance of the lakes, rivers, and waters and for other
  819  boating-related activities of such municipality or county. A
  820  municipality that was imposing a registration fee before April
  821  1, 1984, may continue to levy such fee, notwithstanding the
  822  provisions of this section.
  823         Section 24. Effective October 1, 2009, subsection (13) of
  824  section 328.72, Florida Statutes, is amended to read:
  825         328.72 Classification; registration; fees and charges;
  826  surcharge; disposition of fees; fines; marine turtle stickers.—
  827         (13) EXPIRED REGISTRATION.—The operation, use, or storage
  828  on the waters of this state of a previously registered vessel
  829  after the expiration of the registration period is a noncriminal
  830  violation, as defined in s. 327.73.
  831         Section 25. Subsections (13) and (14) are added to section
  832  369.20, Florida Statutes, to read:
  833         369.20 Florida Aquatic Weed Control Act.—
  834         (13)The commission has the power to enforce this section
  835  as provided in ss. 379.501-379.504.
  836         (14)Activities that are exempt from permitting in
  837  accordance with s. 403.813(1)(r), are granted a mixing zone for
  838  turbidity for a distance not to exceed 150 meters downstream in
  839  flowing streams or 150 meters in radius in other water bodies
  840  as, measured from the cutterhead, return flow discharge, or
  841  other points of generation of turbidity.
  842         Section 26. Subsections (13) and (14) are added to section
  843  369.22, Florida Statutes, to read:
  844         369.22 Aquatic plant management.—
  845         (13)The commission has the power to enforce this section
  846  as provided in ss. 379.501-379.504.
  847         (14)Activities that are exempt from permitting in
  848  accordance with s. 403.813(1)(r), are granted a mixing zone for
  849  turbidity for a distance not to exceed 150 meters downstream in
  850  flowing streams or 150 meters in radius in other water bodies
  851  as, measured from the cutterhead, return flow discharge, or
  852  other points of generation of turbidity.
  853         Section 27. Paragraph (j) of subsection (3) of section
  854  369.25, Florida Statutes, is amended to read:
  855         369.25 Aquatic plants; definitions; permits; powers of
  856  department; penalties.—
  857         (3) The department has the following powers:
  858         (j) To enforce ss. 369.25 and 369.251 this chapter in the
  859  same manner and to the same extent as provided in s. 581.211.
  860         Section 28. Subsections (1) and (5) of section 379.304,
  861  Florida Statutes, are amended to read:
  862         379.304 Exhibition or sale of wildlife.—
  863         (1) Permits issued pursuant to s. 379.3761 this section and
  864  places where wildlife is kept or held in captivity shall be
  865  subject to inspection by officers of the commission at all
  866  times. The commission shall have the power to release or
  867  confiscate any specimens of any wildlife, specifically birds,
  868  mammals, amphibians, or reptiles, whether indigenous to the
  869  state or not, when it is found that conditions under which they
  870  are being confined are unsanitary, or unsafe to the public in
  871  any manner, or that the species of wildlife are being
  872  maltreated, mistreated, or neglected or kept in any manner
  873  contrary to the provisions of chapter 828, any such permit to
  874  the contrary notwithstanding. Before any such wildlife is
  875  confiscated or released under the authority of this section, the
  876  owner thereof shall have been advised in writing of the
  877  existence of such unsatisfactory conditions; the owner shall
  878  have been given 30 days in which to correct such conditions; the
  879  owner shall have failed to correct such conditions; the owner
  880  shall have had an opportunity for a proceeding pursuant to
  881  chapter 120; and the commission shall have ordered such
  882  confiscation or release after careful consideration of all
  883  evidence in the particular case in question. The final order of
  884  the commission shall constitute final agency action.
  885         (5) A violation of this section is punishable as provided
  886  by s. 379.4015 379.401.
  887         Section 29. Section 379.338, Florida Statutes, is amended
  888  to read:
  889         379.338 Confiscation and disposition of illegally taken
  890  wildlife, freshwater fish, and saltwater fish game.—
  891         (1) All wildlife, game and freshwater fish, and saltwater
  892  fish seized under the authority of this chapter, any other
  893  chapter, or rules of the commission shall, upon conviction of
  894  the offender or sooner in accordance with a court order if the
  895  court so orders, be forfeited to the investigating law
  896  enforcement agency. The law enforcement agency may elect to
  897  retain the wildlife, freshwater fish, or saltwater fish for the
  898  agency’s official use; transfer it to another unit of state or
  899  local government for official use; donate it to a charitable
  900  organization; sell it at public sale pursuant to s. 705.103; or
  901  destroy the wildlife, freshwater fish, or saltwater fish if none
  902  of the other options is practicable or if the wildlife,
  903  freshwater fish, or saltwater fish is unwholesome or otherwise
  904  not of appreciable value. All illegally possessed live wildlife,
  905  freshwater fish, and saltwater fish that are properly documented
  906  as evidence as provided in s. 379.3381 may be returned to the
  907  habitat unharmed. Any unclaimed wildlife, freshwater fish, or
  908  saltwater fish shall be retained by the investigating law
  909  enforcement agency and disposed of in accordance with this
  910  subsection and given to some hospital or charitable institution
  911  and receipt therefore sent to the Fish and Wildlife Conservation
  912  Commission.
  913         (2) All furs or hides or fur-bearing animals seized under
  914  the authority of this chapter shall, upon conviction of the
  915  offender, be forfeited and sent to the commission, which shall
  916  sell the same and deposit the proceeds of such sale to the
  917  credit of the State Game Trust Fund. If any such hides or furs
  918  are seized and the offender is unknown, the court shall order
  919  such hides or furs sent to the Fish and Wildlife Conservation
  920  Commission, which shall sell such hides and furs.
  921         (3)Except as otherwise provided by law, and deposit the
  922  proceeds of any such sale under this section shall be remitted
  923  to the Department of Revenue to be deposited to the credit of
  924  the State Game Trust Fund or the Marine Resources Conservation
  925  Trust Fund.
  926         (4) Any state, county, or municipal law enforcement agency
  927  that enforces or assists the commission in enforcing this
  928  chapter, which enforcement results in a forfeiture of property
  929  as provided in this section, is entitled to receive all or a
  930  share of any property based upon its participation in the
  931  enforcement.
  932         Section 30. Section 379.3381, Florida Statutes, is created
  933  to read:
  934         379.3381 Photographic evidence of illegally taken wildlife,
  935  freshwater fish, and saltwater fish.—In any prosecution for a
  936  violation of this chapter, any other chapter, or rules of the
  937  commission, a photograph of illegally taken wildlife, freshwater
  938  fish, or saltwater fish may be deemed competent evidence of such
  939  property and may be admissible in the prosecution to the same
  940  extent as if such wildlife, freshwater fish, or saltwater fish
  941  were introduced as evidence. Such photograph shall bear a
  942  written description of the wildlife, freshwater fish, or
  943  saltwater fish alleged to have been illegally taken, the name of
  944  the violator, the location where the alleged illegal taking
  945  occurred, the name of the investigating law enforcement officer,
  946  the date the photograph was taken, and the name of the
  947  photographer. Such writing shall be made under oath by the
  948  investigating law enforcement officer, and the photograph shall
  949  be identified by the signature of the photographer.
  950         Section 31. Paragraphs (n) through (q) of subsection (2) of
  951  section 379.353, Florida Statutes, are redesignated as
  952  paragraphs (m) through (p), respectively, and paragraphs (h) and
  953  (m) of subsection (2) of that section are amended to read:
  954         379.353 Recreational licenses and permits; exemptions from
  955  fees and requirements.—
  956         (2) A hunting, freshwater fishing, or saltwater fishing
  957  license or permit is not required for:
  958         (h) Any resident saltwater fishing from land or from a
  959  structure fixed to the land who has been determined eligible for
  960  the food stamp, temporary cash assistance, or Medicaid programs
  961  by the Department of Children and Family Services. A benefit
  962  issuance or program identification card issued by the Department
  963  of Children and Family Services or the Agency for Health Care
  964  Administration shall serve as proof of program eligibility. The
  965  individual must have the benefit issuance or program
  966  identification card and positive proof of identification in his
  967  or her possession when fishing.
  968         (m) Any resident fishing for a saltwater species in fresh
  969  water from land or from a structure fixed to land.
  970         Section 32. Paragraph (c) of subsection (2) of section
  971  379.3671, Florida Statutes, is amended to read:
  972         379.3671 Spiny lobster trap certificate program.—
  973         (2) TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
  974  PENALTIES.—The Fish and Wildlife Conservation Commission shall
  975  establish a trap certificate program for the spiny lobster
  976  fishery of this state and shall be responsible for its
  977  administration and enforcement as follows:
  978         (c) Prohibitions; penalties.—
  979         1. It is unlawful for a person to possess or use a spiny
  980  lobster trap in or on state waters or adjacent federal waters
  981  without having affixed thereto the trap tag required by this
  982  section. It is unlawful for a person to possess or use any other
  983  gear or device designed to attract and enclose or otherwise aid
  984  in the taking of spiny lobster by trapping that is not a trap as
  985  defined by commission rule.
  986         2. It is unlawful for a person to possess or use spiny
  987  lobster trap tags without having the necessary number of
  988  certificates on record as required by this section.
  989         3. It is unlawful for any person to willfully molest, take
  990  possession of, or remove the contents of another harvester’s
  991  spiny lobster trap without the express written consent of the
  992  trap owner available for immediate inspection. Unauthorized
  993  possession of another’s trap gear or removal of trap contents
  994  constitutes theft.
  995         a. A commercial harvester who violates this subparagraph
  996  shall be punished under ss. 379.367 and 379.407. Any commercial
  997  harvester receiving a judicial disposition other than dismissal
  998  or acquittal on a charge of theft of or from a trap pursuant to
  999  this subparagraph or s. 379.402 shall, in addition to the
 1000  penalties specified in ss. 379.367 and 379.407 and the
 1001  provisions of this section, permanently lose all his or her
 1002  saltwater fishing privileges, including his or her saltwater
 1003  products license, spiny lobster endorsement, and all trap
 1004  certificates allotted to him or her through this program. In
 1005  such cases, trap certificates and endorsements are
 1006  nontransferable.
 1007         b. Any commercial harvester receiving a judicial
 1008  disposition other than dismissal or acquittal on a charge of
 1009  willful molestation of a trap, in addition to the penalties
 1010  specified in ss. 379.367 and 379.407, shall lose all saltwater
 1011  fishing privileges for a period of 24 calendar months.
 1012         c. In addition, any commercial harvester charged with
 1013  violating this subparagraph and receiving a judicial disposition
 1014  other than dismissal or acquittal for violating this
 1015  subparagraph or s. 379.402 shall also be assessed an
 1016  administrative penalty of up to $5,000.
 1017  
 1018         Immediately upon receiving a citation for a violation
 1019  involving theft of or from a trap, or molestation of a trap, and
 1020  until adjudicated for such a violation or, upon receipt of a
 1021  judicial disposition other than dismissal or acquittal of such a
 1022  violation, the commercial harvester committing the violation is
 1023  prohibited from transferring any spiny lobster trap certificates
 1024  and endorsements.
 1025         4. In addition to any other penalties provided in s.
 1026  379.407, a commercial harvester who violates the provisions of
 1027  this section or commission rules relating to spiny lobster traps
 1028  shall be punished as follows:
 1029         a. If the first violation is for violation of subparagraph
 1030  1. or subparagraph 2., the commission shall assess an additional
 1031  administrative penalty of up to $1,000. For all other first
 1032  violations, the commission shall assess an additional
 1033  administrative penalty of up to $500.
 1034         b. For a second violation of subparagraph 1. or
 1035  subparagraph 2. which occurs within 24 months of any previous
 1036  such violation, the commission shall assess an additional
 1037  administrative penalty of up to $2,000 and the spiny lobster
 1038  endorsement issued under s. 379.367(2) or (6) may be suspended
 1039  for the remainder of the current license year.
 1040         c. For a third or subsequent violation of subparagraph 1.,
 1041  subparagraph 2., or subparagraph 3. which occurs within 36
 1042  months of any previous two such violations, the commission shall
 1043  assess an additional administrative penalty of up to $5,000 and
 1044  may suspend the spiny lobster endorsement issued under s.
 1045  379.367(2) or (6) for a period of up to 24 months or may revoke
 1046  the spiny lobster endorsement and, if revoking the spiny lobster
 1047  endorsement, may also proceed against the licenseholder’s
 1048  saltwater products license in accordance with the provisions of
 1049  s. 379.407(2)(h).
 1050         d. Any person assessed an additional administrative penalty
 1051  pursuant to this section shall within 30 calendar days after
 1052  notification:
 1053         (I) Pay the administrative penalty to the commission; or
 1054         (II) Request an administrative hearing pursuant to the
 1055  provisions of ss. 120.569 and 120.57.
 1056         e. The commission shall suspend the spiny lobster
 1057  endorsement issued under s. 379.367(2) or (6) for any person
 1058  failing to comply with the provisions of sub-subparagraph d.
 1059         5.a. It is unlawful for any person to make, alter, forge,
 1060  counterfeit, or reproduce a spiny lobster trap tag or
 1061  certificate.
 1062         b. It is unlawful for any person to knowingly have in his
 1063  or her possession a forged, counterfeit, or imitation spiny
 1064  lobster trap tag or certificate.
 1065         c. It is unlawful for any person to barter, trade, sell,
 1066  supply, agree to supply, aid in supplying, or give away a spiny
 1067  lobster trap tag or certificate or to conspire to barter, trade,
 1068  sell, supply, aid in supplying, or give away a spiny lobster
 1069  trap tag or certificate unless such action is duly authorized by
 1070  the commission as provided in this chapter or in the rules of
 1071  the commission.
 1072         6.a. Any commercial harvester who violates the provisions
 1073  of subparagraph 5., or any commercial harvester who engages in
 1074  the commercial harvest, trapping, or possession of spiny lobster
 1075  without a spiny lobster endorsement as required by s. 379.367(2)
 1076  or (6) or during any period while such spiny lobster endorsement
 1077  is under suspension or revocation, commits a felony of the third
 1078  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1079  775.084.
 1080         b. In addition to any penalty imposed pursuant to sub
 1081  subparagraph a., the commission shall levy a fine of up to twice
 1082  the amount of the appropriate surcharge to be paid on the fair
 1083  market value of the transferred certificates, as provided in
 1084  subparagraph (a)1., on any commercial harvester who violates the
 1085  provisions of sub-subparagraph 5.c.
 1086         c. In addition to any penalty imposed pursuant to sub
 1087  subparagraph a., any commercial harvester receiving any judicial
 1088  disposition other than acquittal or dismissal for a violation of
 1089  subparagraph 5. shall be assessed an administrative penalty of
 1090  up to $5,000, and the spiny lobster endorsement under which the
 1091  violation was committed may be suspended for up to 24 calendar
 1092  months. Immediately upon issuance of a citation involving a
 1093  violation of subparagraph 5. and until adjudication of such a
 1094  violation, and after receipt of any judicial disposition other
 1095  than acquittal or dismissal for such a violation, the commercial
 1096  harvester holding the spiny lobster endorsement listed on the
 1097  citation is prohibited from transferring any spiny lobster trap
 1098  certificates.
 1099         d. Any other person who violates the provisions of
 1100  subparagraph 5. commits a Level Four violation under s. 379.401.
 1101         7. Prior to the 2010-2011 license year, any certificates
 1102  for which the annual certificate fee is not paid for a period of
 1103  3 years shall be considered abandoned and shall revert to the
 1104  commission. Beginning with the 2010-2011 license year, any
 1105  certificate for which the annual certificate fee is not paid for
 1106  a period of 2 consecutive years shall be considered abandoned
 1107  and shall revert to the commission. During any period of trap
 1108  reduction, any certificates reverting to the commission shall
 1109  become permanently unavailable and be considered in that amount
 1110  to be reduced during the next license-year period. Otherwise,
 1111  any certificates that revert to the commission are to be
 1112  reallotted in such manner as provided by the commission.
 1113         8. The proceeds of all administrative penalties collected
 1114  pursuant to subparagraph 4. and all fines collected pursuant to
 1115  sub-subparagraph 6.b. shall be deposited into the Marine
 1116  Resources Conservation Trust Fund.
 1117         9. All traps shall be removed from the water during any
 1118  period of suspension or revocation.
 1119         10. Except as otherwise provided, any person who violates
 1120  this paragraph commits a Level Two violation under s. 379.401.
 1121         Section 33. Paragraphs (c), (d), and (e) of subsection (2)
 1122  of section 379.3751, Florida Statutes, are amended to read:
 1123         379.3751 Taking and possession of alligators; trapping
 1124  licenses; fees.—
 1125         (2) The license and issuance fee, and the activity
 1126  authorized thereby, shall be as follows:
 1127         (c) The annual fee for issuance of an alligator trapping
 1128  agent’s license, which permits a person to act as an agent of
 1129  any person who has been issued a resident or nonresident
 1130  alligator trapping license as provided in paragraph (a) or
 1131  paragraph (b) and to take alligators occurring in the wild other
 1132  than alligator hatchlings, and to possess and process alligators
 1133  taken under authority of such agency relationship, and to
 1134  possess, process, and sell their hides and meat, shall be $50.
 1135  Such alligator trapping agent’s license shall be issued only in
 1136  conjunction with an alligator trapping license and shall bear on
 1137  its face in indelible ink the name and license number of the
 1138  alligator trapping licenseholder for whom the holder of this
 1139  license is acting as an agent.
 1140         (d) The annual fee for issuance of an alligator farming
 1141  license, which permits a person to operate a facility for
 1142  captive propagation of alligators, to possess alligators for
 1143  captive propagation, to take alligator hatchlings and alligator
 1144  eggs occurring in the wild, to rear such alligators, alligator
 1145  hatchlings, and alligator eggs in captivity, to process
 1146  alligators taken or possessed under authority of such alligator
 1147  farming license or otherwise legally acquired, and to possess,
 1148  process, and sell their hides and meat, shall be $250.
 1149         (e) The annual fee for issuance of an alligator farming
 1150  agent’s license, which permits a person to act as an agent of
 1151  any person who has been issued an alligator farming license as
 1152  provided in paragraph (d) and to take alligator hatchlings and
 1153  alligator eggs occurring in the wild, and to possess and process
 1154  alligators taken under authority of such agency relationship,
 1155  and to possess, process, and sell their hides and meat, shall be
 1156  $50. Such license shall be issued only in conjunction with an
 1157  alligator farming license, and shall bear on its face in
 1158  indelible ink the name and license number of the alligator
 1159  farming licenseholder for whom the holder of this license is
 1160  acting as an agent.
 1161         Section 34. Subsection (6) is added to section 379.3761,
 1162  Florida Statutes, to read:
 1163         379.3761 Exhibition or sale of wildlife; fees;
 1164  classifications.—
 1165         (6) A person who violates this section is punishable as
 1166  provided in s. 379.4015.
 1167         Section 35. Subsection (5) of section 379.3762, Florida
 1168  Statutes, is amended to read:
 1169         379.3762 Personal possession of wildlife.—
 1170         (5) A person who violates Persons in violation of this
 1171  section is shall be punishable as provided in s. 379.4015
 1172  379.401.
 1173         Section 36. Paragraph (a) of subsection (2) and paragraph
 1174  (a) of subsection (4) of section 379.401, Florida Statutes, are
 1175  amended to read:
 1176         379.401 Penalties and violations; civil penalties for
 1177  noncriminal infractions; criminal penalties; suspension and
 1178  forfeiture of licenses and permits.—
 1179         (2)(a) LEVEL TWO VIOLATIONS.—A person commits a Level Two
 1180  violation if he or she violates any of the following provisions:
 1181         1. Rules or orders of the commission relating to seasons or
 1182  time periods for the taking of wildlife, freshwater fish, or
 1183  saltwater fish.
 1184         2. Rules or orders of the commission establishing bag,
 1185  possession, or size limits or restricting methods of taking
 1186  wildlife, freshwater fish, or saltwater fish.
 1187         3. Rules or orders of the commission prohibiting access or
 1188  otherwise relating to access to wildlife management areas or
 1189  other areas managed by the commission.
 1190         4. Rules or orders of the commission relating to the
 1191  feeding of wildlife, freshwater fish, or saltwater fish.
 1192         5. Rules or orders of the commission relating to landing
 1193  requirements for freshwater fish or saltwater fish.
 1194         6. Rules or orders of the commission relating to restricted
 1195  hunting areas, critical wildlife areas, or bird sanctuaries.
 1196         7. Rules or orders of the commission relating to tagging
 1197  requirements for wildlife game and fur-bearing animals.
 1198         8. Rules or orders of the commission relating to the use of
 1199  dogs for the taking of wildlife game.
 1200         9. Rules or orders of the commission which are not
 1201  otherwise classified.
 1202         10. Rules or orders of the commission prohibiting the
 1203  unlawful use of finfish traps.
 1204         11. All prohibitions in this chapter which are not
 1205  otherwise classified.
 1206         12. Section 379.33, prohibiting the violation of or
 1207  noncompliance with commission rules.
 1208         13. Section 379.407(6), prohibiting the sale, purchase,
 1209  harvest, or attempted harvest of any saltwater product with
 1210  intent to sell.
 1211         14. Section 379.2421, prohibiting the obstruction of
 1212  waterways with net gear.
 1213         15. Section 379.413, prohibiting the unlawful taking of
 1214  bonefish.
 1215         16. Section 379.365(2)(a) and (b), prohibiting the
 1216  possession or use of stone crab traps without trap tags and
 1217  theft of trap contents or gear.
 1218         17. Section 379.366(4)(b), prohibiting the theft of blue
 1219  crab trap contents or trap gear.
 1220         18. Section 379.3671(2)(c), prohibiting the possession or
 1221  use of spiny lobster traps without trap tags or certificates and
 1222  theft of trap contents or trap gear.
 1223         19. Section 379.357, prohibiting the possession of tarpon
 1224  without purchasing a tarpon tag.
 1225         20. Rules or orders of the commission Section 379.409,
 1226  prohibiting the feeding or enticement of alligators or
 1227  crocodiles.
 1228         21. Section 379.105, prohibiting the intentional harassment
 1229  of hunters, fishers, or trappers.
 1230         (4)(a) LEVEL FOUR VIOLATIONS.—A person commits a Level Four
 1231  violation if he or she violates any of the following provisions:
 1232         1. Section 379.365(2)(c), prohibiting criminal activities
 1233  relating to the taking of stone crabs.
 1234         2. Section 379.366(4)(c), prohibiting criminal activities
 1235  relating to the taking and harvesting of blue crabs.
 1236         3. Section 379.367(4), prohibiting the willful molestation
 1237  of spiny lobster gear.
 1238         4. Section 379.3671(2)(c)5., prohibiting the unlawful
 1239  reproduction, possession, sale, trade, or barter of spiny
 1240  lobster trap tags or certificates.
 1241         5. Section 379.354(16), prohibiting the making, forging,
 1242  counterfeiting, or reproduction of a recreational license or
 1243  possession of same without authorization from the commission.
 1244         6. Section 379.404(5), prohibiting the sale of illegally
 1245  taken deer or wild turkey.
 1246         7. Section 379.405, prohibiting the molestation or theft of
 1247  freshwater fishing gear.
 1248         8. Section 379.409, prohibiting the unlawful killing,
 1249  injuring, possessing, or capturing of alligators or other
 1250  crocodilia or their eggs.
 1251         Section 37. Paragraph (a) of subsection (2) of section
 1252  379.4015, Florida Statutes, is amended to read:
 1253         379.4015 Captive wildlife penalties.—
 1254         (2) LEVEL TWO.—Unless otherwise provided by law, the
 1255  following classifications and penalties apply:
 1256         (a) A person commits a Level Two violation if he or she
 1257  violates any of the following provisions:
 1258         1. Unless otherwise stated in subsection (1), rules or
 1259  orders of the commission that require a person to pay a fee to
 1260  obtain a permit to possess captive wildlife or that require the
 1261  maintenance of records relating to captive wildlife.
 1262         2. Rules or orders of the commission relating to captive
 1263  wildlife not specified in subsection (1) or subsection (3).
 1264         3. Rules or orders of the commission that require housing
 1265  of wildlife in a safe manner when a violation results in an
 1266  escape of wildlife other than Class I wildlife.
 1267         4. Section 379.372, relating to capturing, keeping,
 1268  possessing, transporting, or exhibiting venomous reptiles or
 1269  reptiles of concern.
 1270         5. Section 379.373, relating to requiring a license or
 1271  permit for the capturing, keeping, possessing, or exhibiting of
 1272  venomous reptiles or reptiles of concern.
 1273         6. Section 379.374, relating to bonding requirements for
 1274  public exhibits of venomous reptiles.
 1275         7. Section 379.305, relating to commission rules and
 1276  regulations to prevent the escape of venomous reptiles or
 1277  reptiles of concern.
 1278         8. Section 379.304, relating to exhibition or sale of
 1279  wildlife.
 1280         9. Section 379.3761, relating to exhibition or sale of
 1281  wildlife.
 1282         10. Section 379.3762, relating to personal possession of
 1283  wildlife.
 1284         Section 38. The Fish and Wildlife Conservation Commission,
 1285  in consultation with the Department of Environmental Protection,
 1286  is directed to establish a pilot program in at least one but not
 1287  more than five locations to explore potential options for
 1288  regulating the anchoring or mooring of non-live-aboard vessels
 1289  outside the marked boundaries of public mooring fields.
 1290         (1) The goals of the pilot program are to encourage the
 1291  establishment of additional public mooring fields and to develop
 1292  and test policies and regulatory regimes that:
 1293         (a) Promote the establishment and use of public mooring
 1294  fields.
 1295         (b) Promote public access to the waters of this state.
 1296         (c) Enhance navigational safety.
 1297         (d) Protect maritime infrastructure.
 1298         (e) Protect the marine environment.
 1299         (f) Deter improperly stored, abandoned, or derelict
 1300  vessels.
 1301         (2) Each location selected for inclusion in the pilot
 1302  program must be associated with a properly permitted mooring
 1303  field. The commission, in consultation with the department,
 1304  shall select all locations for the pilot program prior to July
 1305  1, 2011. If more than one location is selected, the selections
 1306  must be geographically diverse and take into consideration the
 1307  various users and means of using the waters of this state.
 1308         (3) Notwithstanding the provisions of s. 327.60, Florida
 1309  Statutes, a county or municipality selected for participation in
 1310  the pilot program may regulate by ordinance the anchoring of
 1311  vessels, other than live-aboard vessels as defined in s. 327.02,
 1312  Florida Statutes, outside of a mooring field. Any ordinance
 1313  enacted under the pilot program shall take effect and become
 1314  enforceable only after approval by the commission. The
 1315  commission shall not approve any ordinance not consistent with
 1316  the goals of the pilot program.
 1317         (4) The commission shall:
 1318         (a) Provide consultation and technical assistance to each
 1319  municipality or county selected for participation in the pilot
 1320  program to facilitate accomplishment of the pilot program’s
 1321  goals.
 1322         (b) Coordinate the review of any proposed ordinance with
 1323  the department; the Coast Guard; the Florida Inland Navigation
 1324  District or the West Coast Inland Navigation District, as
 1325  appropriate; and associations or other organizations
 1326  representing vessel owners or operators.
 1327         (c) Monitor and evaluate at least annually each location
 1328  selected for participation in the pilot program and make such
 1329  modifications as may be necessary to accomplish the pilot
 1330  program’s goals.
 1331         (5) The commission shall submit a report of its findings
 1332  and recommendations to the Governor, the President of the
 1333  Senate, and the Speaker of the House of Representatives by
 1334  January 1, 2014.
 1335         (6) The pilot program shall expire on July 1, 2014, unless
 1336  reenacted by the Legislature. All ordinances enacted under this
 1337  section shall expire concurrently with the expiration of the
 1338  pilot program and shall be inoperative and unenforceable
 1339  thereafter.
 1340         Section 39. Section 379.501, Florida Statutes, is created
 1341  to read:
 1342         379.501.—Aquatic weeds or plants; prohibitions, violation,
 1343  penalty, intent.—
 1344         (1) A person may not:
 1345         (a) Violate this section or any provision of s. 369.20 or
 1346  s. 369.22 related to aquatic weeds or plants;
 1347         (b) Fail to obtain any permit required by s. 369.20 or s.
 1348  369.22 or by commission rule implementing s. 369.20 or s.
 1349  369.22, or violate or fail to comply with any rule, regulation,
 1350  order, permit, or certification adopted or issued by the
 1351  commission pursuant to s. 369.20 or s. 369.22; or
 1352         (c) Knowingly make any false statement, representation, or
 1353  certification in any application, record, report, plan, or other
 1354  document filed or required to be maintained under s. 369.20 or
 1355  s. 369.22, or to falsify, tamper with, or knowingly render
 1356  inaccurate any monitoring device or method required to be
 1357  maintained under s. 369.20 or s. 369.22 or by any permit, rule,
 1358  regulation, or order issued under s. 369.20 or s. 369.22.
 1359         (2) Any person who violates any provision specified in
 1360  subsection (1) is liable to the state for any damage caused to
 1361  the aquatic weeds or plants and for civil penalties as provided
 1362  in s. 379.502.
 1363         (3) Any person who willfully commits a violation of
 1364  paragraph (1)(a) commits a felony of the third degree,
 1365  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1366  Each day during any portion of which such violation occurs
 1367  constitutes a separate offense.
 1368         (4) Any person who commits a violation specified in
 1369  paragraph (1)(a) due to reckless indifference or gross careless
 1370  disregard commits a misdemeanor of the second degree, punishable
 1371  as provided in s. 775.082 or s. 775.083.
 1372         (5) Any person who willfully commits a violation specified
 1373  in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
 1374  the first degree, punishable as provided in s. 775.082 or s.
 1375  775.083.
 1376         (6) It is the intent of the Legislature that the civil
 1377  penalties and criminal fines imposed by a court be of such an
 1378  amount as to ensure immediate and continued compliance with this
 1379  section.
 1380         (7) Penalties assessed pursuant to ss. 379.501-379.504 are
 1381  in addition to any penalties assessed by the Board of Trustees
 1382  of the Internal Improvement Trust Fund, the Department of
 1383  Environmental Protection, or a water management district
 1384  pursuant to chapters 253, 373, or 403.
 1385         Section 40. Section 379.502, Florida Statutes, is created
 1386  to read:
 1387         379.502.—Enforcement; procedure; remedies.—The commission
 1388  has the following judicial and administrative remedies available
 1389  to it for violations of s. 379.501.
 1390         (1)(a) The commission may institute a civil action in a
 1391  court of competent jurisdiction to establish liability and to
 1392  recover damages for any injury to the waters or property of the
 1393  state, including animal, plant, and aquatic life, caused by any
 1394  violation of s. 379.501.
 1395         (b) The commission may institute a civil action in a court
 1396  of competent jurisdiction to impose and to recover a civil
 1397  penalty for each violation in an amount of not more than $10,000
 1398  per offense. However, the court may receive evidence in
 1399  mitigation. Each day, during any portion of which such violation
 1400  occurs, constitutes a separate offense.
 1401         (c) Except as provided in paragraph (2)(c), the fact that
 1402  the commission has failed to exhaust its administrative
 1403  remedies, has failed to serve a notice of violation, or has
 1404  failed to hold an administrative hearing before initiating a
 1405  civil action is not a defense to, or grounds for dismissal of,
 1406  the judicial remedies for damages and civil penalties.
 1407         (2)(a) The commission may institute an administrative
 1408  proceeding to establish liability and to recover damages for any
 1409  injury to the waters or property of the state, including animal,
 1410  plant, or aquatic life, caused by any violation of s. 379.501.
 1411  The commission may order that the violator pay a specified sum
 1412  as damages to the state. Judgment for the amount of damages
 1413  determined by the commission may be entered in any court having
 1414  jurisdiction thereof and may be enforced as any other judgment.
 1415         (b) If the commission has reason to believe that a
 1416  violation has occurred, it may institute an administrative
 1417  proceeding to order the prevention, abatement, or control of the
 1418  conditions creating the violation or other appropriate
 1419  corrective action. The commission shall proceed administratively
 1420  in all cases in which the commission seeks administrative
 1421  penalties that do not exceed $10,000 per assessment as
 1422  calculated in accordance with subsections (3), (4), (5), and(6).
 1423  The commission may not impose administrative penalties in excess
 1424  of $10,000 in a notice of violation. The commission may not have
 1425  more than one notice of violation seeking administrative
 1426  penalties pending against the same party at the same time unless
 1427  the violations occurred at a different site or the violations
 1428  were discovered by the commission subsequent to the filing of a
 1429  previous notice of violation.
 1430         (c) An administrative proceeding shall be instituted by the
 1431  commission’s serving of a written notice of violation upon the
 1432  alleged violator by certified mail. If the commission is unable
 1433  to effect service by certified mail, the notice of violation may
 1434  be hand delivered or personally served in accordance with
 1435  chapter 48. The notice shall specify the provision of the law,
 1436  rule, regulation, permit, certification, or order of the
 1437  commission alleged to have been violated and the facts alleged
 1438  to constitute a violation thereof. An order for corrective
 1439  action, penalty assessment, or damages may be included along
 1440  with the notice. If the commission is seeking to impose an
 1441  administrative penalty for any violation of s. 379.501 by
 1442  issuing a notice of violation, any corrective action needed to
 1443  correct the violation or damages caused by the violation must be
 1444  pursued in the notice of violation or they are waived. However,
 1445  an order does not become effective until after service and an
 1446  administrative hearing, if requested within 20 days after
 1447  service. Failure to request an administrative hearing within
 1448  this period constitutes a waiver, unless the respondent files a
 1449  written notice with the commission within this period opting out
 1450  of the administrative process initiated by the commission. Any
 1451  respondent choosing to opt out of the administrative process
 1452  initiated by the commission must file a written notice with the
 1453  commission within 20 days after service of the notice of
 1454  violation opting out of the administrative process. A
 1455  respondent’s decision to opt out of the administrative process
 1456  does not preclude the commission from initiating a state court
 1457  action seeking injunctive relief, damages, and the judicial
 1458  imposition of civil penalties.
 1459         (d) If a person timely files a petition challenging a
 1460  notice of violation, that person will thereafter be referred to
 1461  as the respondent. The hearing requested by the respondent shall
 1462  be held within 180 days after the commission has referred the
 1463  initial petition to the Division of Administrative Hearings
 1464  unless the parties agree to a later date. The commission has the
 1465  burden of proving by the preponderance of the evidence that the
 1466  respondent is responsible for the violation. An administrative
 1467  penalty may not be imposed unless the commission satisfies that
 1468  burden. Following the close of the hearing, the administrative
 1469  law judge shall issue a final order on all matters, including
 1470  the imposition of an administrative penalty. If the commission
 1471  seeks to enforce that portion of a final order imposing
 1472  administrative penalties pursuant to s. 120.69, the respondent
 1473  may not assert as a defense the inappropriateness of the
 1474  administrative remedy. The commission retains its final-order
 1475  authority in all administrative actions that do not request the
 1476  imposition of administrative penalties.
 1477         (e) After filing a petition requesting a formal hearing in
 1478  response to a notice of violation, a respondent may request that
 1479  a private mediator be appointed to mediate the dispute by
 1480  contacting the Florida Conflict Resolution Consortium within 10
 1481  days after receipt of the initial order from the administrative
 1482  law judge. The Florida Conflict Resolution Consortium shall pay
 1483  all of the costs of the mediator and for up to 8 hours of the
 1484  mediator’s time per case at $150 per hour. Upon notice from the
 1485  respondent, the Florida Conflict Resolution Consortium shall
 1486  provide the respondent with a panel of possible mediators from
 1487  the area in which the hearing on the petition would be heard.
 1488  The respondent shall select the mediator and notify the Florida
 1489  Conflict Resolution Consortium of the selection within 15 days
 1490  after receipt of the proposed panel of mediators. The Florida
 1491  Conflict Resolution Consortium shall provide all of the
 1492  administrative support for the mediation process. The mediation
 1493  must be completed at least 15 days before the final hearing date
 1494  set by the administrative law judge.
 1495         (f) In any administrative proceeding brought by the
 1496  commission, the prevailing party shall recover all costs as
 1497  provided in ss. 57.041 and 57.071. The costs must be included in
 1498  the final order. The respondent is the prevailing party when an
 1499  order is entered awarding no penalties to the commission and the
 1500  order has not been reversed on appeal or the time for seeking
 1501  judicial review has expired. The respondent is entitled to an
 1502  award of attorney’s fees if the administrative law judge
 1503  determines that the notice of violation issued by the commission
 1504  was not substantially justified as defined in s. 57.111(3)(e).
 1505  An award of attorney’s fees as provided by this subsection may
 1506  not exceed $15,000.
 1507         (g) This section does not prevent any other legal or
 1508  administrative action in accordance with law. This subsection
 1509  does not limit the commission’s authority set forth in this
 1510  section and ss. 379.503 and 379.504 to judicially pursue
 1511  injunctive relief. If the commission exercises its authority to
 1512  judicially pursue injunctive relief, penalties in any amount up
 1513  to the statutory maximum sought by the commission must be
 1514  pursued as part of the state court action and not by initiating
 1515  a separate administrative proceeding. The commission retains the
 1516  authority to judicially pursue penalties in excess of $10,000
 1517  for violations not specifically included in the administrative
 1518  penalty schedule, or for multiple or multiday violations alleged
 1519  to exceed a total of $10,000. The commission also retains the
 1520  authority provided in this section and ss. 379.503 and 379.504
 1521  to judicially pursue injunctive relief and damages, if a notice
 1522  of violation seeking the imposition of administrative penalties
 1523  has not been issued. The commission may enter into a settlement
 1524  before or after initiating a notice of violation, and the
 1525  settlement may include a penalty amount that is different from
 1526  the administrative penalty schedule. Any case filed in state
 1527  court because it is alleged to exceed a total of $10,000 in
 1528  penalties may be settled in the court action for less than
 1529  $10,000.
 1530         (h) Chapter 120 does apply to any administrative action
 1531  taken by the commission under this section or any delegated
 1532  program pursuing administrative penalties in accordance with
 1533  this section.
 1534         (3) Administrative penalties must be calculated according
 1535  to the following schedule:
 1536         (a) For violations of s. 379.501(1)(a) or (b), $3,000.
 1537         (b) For failure to conduct required monitoring or testing
 1538  in compliance with a permit, $2,000.
 1539         (c) For failure to prepare, submit, maintain, or use
 1540  required reports or other required documentation, $500.
 1541         (d) For failure to comply with any other regulatory statute
 1542  or rule requirement relating to the administration of the
 1543  commission’s powers under s. 369.20 or s. 369.22 not otherwise
 1544  identified in this section, $500.
 1545         (4) For each additional day during which a violation
 1546  occurs, the administrative penalties in subsection (3) may be
 1547  assessed per day, per violation.
 1548         (5) The history of noncompliance of the violator for any
 1549  previous violation resulting in an executed consent order, but
 1550  not including a consent order entered into without a finding of
 1551  violation, or resulting in a final order or judgment on or after
 1552  July 1, 2009, involving the imposition of $2,000 or more in
 1553  penalties, shall be taken into consideration in the following
 1554  manner:
 1555         (a) One previous such violation within 5 years prior to the
 1556  filing of the notice of violation shall result in a 25 percent
 1557  per day increase in the scheduled administrative penalty.
 1558         (b) Two previous such violations within 5 years prior to
 1559  the filing of the notice of violation shall result in a 50
 1560  percent per day increase in the scheduled administrative
 1561  penalty.
 1562         (c) Three or more previous such violations within 5 years
 1563  before the filing of the notice of violation shall result in a
 1564  100 percent per day increase in the scheduled administrative
 1565  penalty.
 1566         (6) The direct economic benefit gained by the violator from
 1567  the violation shall be added to the scheduled administrative
 1568  penalty. The total administrative penalty, including any
 1569  economic benefit added to the scheduled administrative penalty,
 1570  may not exceed $10,000.
 1571         (7) The administrative penalties assessed for any
 1572  particular violation may not exceed $3,000 against any one
 1573  violator, unless the violator has a history of noncompliance,
 1574  the economic benefit of the violation as described in
 1575  subsection(6) exceeds $3,000, or there are multiday violations.
 1576  The total administrative penalties may not exceed $10,000 per
 1577  assessment for all violations attributable to a specific person
 1578  in the notice of violation.
 1579         (8) The administrative law judge may receive evidence in
 1580  mitigation. The penalties identified in subsection (3) may be
 1581  reduced up to 50 percent by the administrative law judge for
 1582  mitigating circumstances, including good faith efforts to comply
 1583  prior to or after discovery of the violations by the commission.
 1584  Upon an affirmative finding that the violation was caused by
 1585  circumstances beyond the reasonable control of the respondent
 1586  and could not have been prevented by the respondent’s due
 1587  diligence, the administrative law judge may further reduce the
 1588  penalty.
 1589         (9) Penalties collected under this section shall be
 1590  deposited into the Invasive Plant Control Trust Fund to carry
 1591  out the purposes set forth in ss. 369.20, 369.22, and 369.252.
 1592  The Florida Conflict Resolution Consortium may use a portion of
 1593  the fund to administer the mediation process provided in
 1594  paragraph (2)(e) and to contract with private mediators for
 1595  administrative penalty cases related to s. 369.20 or s. 369.22.
 1596         (10) The purpose of the administrative penalty schedule and
 1597  process is to provide a more predictable and efficient manner
 1598  for individuals and businesses to resolve relatively minor
 1599  environmental disputes. Subsections (3) through (7) do not limit
 1600  a state court in the assessment of damages. The administrative
 1601  penalty schedule does not apply to the judicial imposition of
 1602  civil penalties in state court as provided in this section.
 1603         Section 41. Section 379.503, Florida Statutes, is created
 1604  to read:
 1605         379.503Civil action.—
 1606         (1) The commission may institute a civil action in a court
 1607  of competent jurisdiction to seek injunctive relief to enforce
 1608  compliance with ss. 379.501, 379.502, and 379.504 or any rule,
 1609  regulation, permit, certification, or order adopted or issued by
 1610  the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
 1611  violation specified in s. 379.501(1); and to seek injunctive
 1612  relief to prevent irreparable injury to the waters and property,
 1613  including animal, plant, and aquatic life, of the state and to
 1614  protect human health, safety, and welfare caused or threatened
 1615  by any violation of s. 379.501.
 1616         (2) All the judicial and administrative remedies to recover
 1617  damages and penalties in this section and s. 379.502 are
 1618  alternative and mutually exclusive.
 1619         Section 42. Section 379.504, Florida Statutes, is created
 1620  to read:
 1621         379.504Civil liability; joint and several liability.—
 1622         (1) Whoever commits a violation specified in s. 379.501(1)
 1623  is liable to the state for any damage caused to the waters or
 1624  property of the state, including animal, plant, or aquatic life,
 1625  and for reasonable costs and expenses of the state in restoring
 1626  its waters and property, including animal, plant, and aquatic
 1627  life, to their former condition, and furthermore is subject to
 1628  the judicial imposition of a civil penalty for each offense in
 1629  an amount of not more than $10,000 per offense. However, the
 1630  court may receive evidence in mitigation. Each day during any
 1631  portion of which such violation occurs constitutes a separate
 1632  offense. This section does not give the commission the right to
 1633  bring an action on behalf of any private person.
 1634         (2) If two or more persons violate s. 379.501 so that the
 1635  damage is indivisible, each violator shall be jointly and
 1636  severally liable for the damage and for the reasonable cost and
 1637  expenses of the state incurred in restoring the waters and
 1638  property of the state, including the animal, plant, and aquatic
 1639  life, to their former condition. However, if the damage is
 1640  divisible and may be attributed to a particular violator or
 1641  violators, each violator is liable only for that damage
 1642  attributable to his or her violation.
 1643         (3) In assessing damages for fish killed, the value of the
 1644  fish shall be determined in accordance with a table of values
 1645  for individual categories of fish, which shall be adopted by the
 1646  Department of Environmental Protection pursuant to s.
 1647  403.141(3). The total number of fish killed may be estimated by
 1648  standard practices used in estimating fish population.
 1649         Section 43. Subsection (1) of section 403.088, Florida
 1650  Statutes, is amended to read:
 1651         403.088 Water pollution operation permits; conditions.—
 1652         (1) No person, without written authorization of the
 1653  department, shall discharge into waters within the state any
 1654  waste which, by itself or in combination with the wastes of
 1655  other sources, reduces the quality of the receiving waters below
 1656  the classification established for them. However, this section
 1657  shall not be deemed to prohibit the application of pesticides to
 1658  waters in the state for the control of insects, aquatic weeds,
 1659  or algae, provided the application is performed pursuant to a
 1660  program approved by the Department of Health, in the case of
 1661  insect control, or the Fish and Wildlife Conservation Commission
 1662  department, in the case of aquatic weed or algae control. The
 1663  department is directed to enter into interagency agreements to
 1664  establish the procedures for program approval. Such agreements
 1665  shall provide for public health, welfare, and safety, as well as
 1666  environmental factors. Approved programs must provide that only
 1667  chemicals approved for the particular use by the United States
 1668  Environmental Protection Agency or by the Department of
 1669  Agriculture and Consumer Services may be employed and that they
 1670  be applied in accordance with registered label instructions,
 1671  state standards for such application, and the provisions of the
 1672  Florida Pesticide Law, part I of chapter 487.
 1673         Section 44. The statutory powers, duties and functions
 1674  related to ss. 369.20, 369.22 and 369.252 which were transferred
 1675  by Chapter 2008-150, Laws of Florida, and all records,
 1676  personnel, and property; unexpended balances of appropriations,
 1677  allocations, and other funds; administrative authority;
 1678  administrative rules; pending issues; and existing contracts of
 1679  the Bureau of Invasive Plant Management in the Department of
 1680  Environmental Protection are transferred by a type two transfer,
 1681  pursuant to s. 20.06(2), Florida Statutes, to the Fish and
 1682  Wildlife Conservation Commission. All actions taken pursuant to
 1683  Chapter 2008-150, Laws of Florida and the Interagency Agreement
 1684  executed thereto are ratified.
 1685         Section 45. For the purpose of incorporating the amendment
 1686  made by this act to section 319.32, Florida Statutes, in a
 1687  reference thereto, paragraph (a) of subsection (2) of section
 1688  379.209, Florida Statutes, is reenacted to read:
 1689         379.209 Nongame Wildlife Trust Fund.—
 1690         (2)(a) There is established within the Fish and Wildlife
 1691  Conservation Commission the Nongame Wildlife Trust Fund. The
 1692  fund shall be credited with moneys collected pursuant to ss.
 1693  319.32(3) and 320.02(8). Additional funds may be provided from
 1694  legislative appropriations and by donations from interested
 1695  individuals and organizations. The commission shall designate an
 1696  identifiable unit to administer the trust fund.
 1697         Section 46. For the purpose of incorporating the amendment
 1698  made by this act to section 379.353, Florida Statutes, in a
 1699  reference thereto, subsection (7) of section 379.3581, Florida
 1700  Statutes, is reenacted to read:
 1701         379.3581 Hunter safety course; requirements; penalty.—
 1702         (7) The hunter safety requirements of this section do not
 1703  apply to persons for whom licenses are not required under s.
 1704  379.353(2).
 1705         Section 47. The sum of $185,000 is appropriated to the Fish
 1706  and Wildlife Conservation Commission from the State Game Trust
 1707  Fund on a recurring basis beginning in fiscal year 2009-2010 for
 1708  license issuance costs associated with section 31.
 1709         Section 48. Effective October 1, 2009, section 327.22,
 1710  Florida Statutes, is repealed.
 1711         Section 49. Subsection (7) of section 379.366, Florida
 1712  Statutes, is repealed.
 1713         Section 50. Except as otherwise expressly provided in this
 1714  act, this act shall take effect July 1, 2009.
 1715  
 1716  
 1717  ================= T I T L E  A M E N D M E N T ================
 1718         And the title is amended as follows:
 1719         Delete everything before the enacting clause
 1720  and insert:
 1721         A bill to be entitled
 1722         An act relating to the Fish and Wildlife Conservation
 1723  Commission; amending s. 206.606, F.S.; requiring the Fish and
 1724  Wildlife Conservation Commission rather than the Department of
 1725  Revenue to distribute a specified sum from the Invasive Plant
 1726  Control Trust Fund to eradicate melaleuca; amending s. 253.002,
 1727  F.S.; setting forth duties of the commission as they relate to
 1728  state lands;amending s. 253.04, F.S.; providing for preservation
 1729  of sea grasses; providing penalties;amending s. 319.32, F.S.;
 1730  increasing the certificate of title fee for certain vehicles;
 1731  amending s. 320.08056, F.S.; increasing the annual use fee for
 1732  certain specialty license plates; amending s. 327.35, F.S.;
 1733  revising penalties for boating under the influence of alcohol;
 1734  revising the blood-alcohol level or breath-alcohol level at
 1735  which certain penalties apply; amending s. 327.36, F.S.;
 1736  revising a prohibition against accepting a plea to a lesser
 1737  included offense from a person who is charged with certain
 1738  offenses involving the operation of a vessel; revising the
 1739  blood-alcohol level or breath-alcohol level at which the
 1740  prohibition applies; amending s. 327.40, F.S.; revising
 1741  provisions for placement of navigation, safety, and
 1742  informational markers of waterways; providing for uniform
 1743  waterway markers; removing an exemption from permit requirements
 1744  for certain markers placed by county, municipal, or other
 1745  government entities; amending s. 327.41, F.S., relating to
 1746  placement of markers by a county or municipality; revising
 1747  terminology; providing for a county or municipality that has
 1748  adopted a boating-restricted area by ordinance under specified
 1749  provisions to apply for permission to place regulatory markers;
 1750  amending s. 327.42, F.S.; revising provisions prohibiting
 1751  mooring to or damaging markers or buoys; amending s. 327.46,
 1752  F.S.; revising provisions for establishment by the Fish and
 1753  Wildlife Conservation Commission of boating-restricted areas;
 1754  providing for counties and municipalities to establish boating
 1755  restricted areas with approval of the commission; directing the
 1756  commission to adopt rules for the approval; revising a
 1757  prohibition against operating a vessel in a prohibited manner in
 1758  a boating-restricted area; providing for enforcement by citation
 1759  mailed to the owner of the vessel; specifying responsibility for
 1760  citations issued to livery vessels; providing construction;
 1761  amending s. 327.60, F.S.; revising provisions limiting
 1762  regulation by a county or municipality of the operation,
 1763  equipment, and other matters relating to vessels operated upon
 1764  the waters of this state; prohibiting certain county or
 1765  municipality ordinances or regulations; creating s. 327.66,
 1766  F.S.; prohibiting possessing or operating a vessel equipped with
 1767  certain fuel containers or related equipment; prohibiting
 1768  transporting fuel in a vessel except in compliance with certain
 1769  federal regulations; providing penalties; declaring fuel
 1770  transported in violation of such prohibitions to be a public
 1771  nuisance and directing the enforcing agency to abate the
 1772  nuisance; providing for disposal of the containers and fuel;
 1773  declaring conveyances, vessels, vehicles, and equipment used in
 1774  such violation to be contraband; providing for seizure of the
 1775  contraband; defining the term “conviction” for specified
 1776  purposes; providing for costs to remove fuel, containers,
 1777  vessels, and equipment to be paid by the owner; providing that a
 1778  person who fails to pay such cost shall not be issued a
 1779  certificate of registration for a vessel or motor vehicle;
 1780  amending s. 327.73, F.S.; revising provisions for citation of a
 1781  noncriminal infraction to provide for violations relating to
 1782  boating-restricted areas and speed limits; revising provisions
 1783  relating to establishment of such limits by counties and
 1784  municipalities; amending s. 328.03, F.S.; requiring vessels used
 1785  or stored on the waters of this state to be titled by this state
 1786  pursuant to specified provisions; providing exceptions; amending
 1787  s. 328.07, F.S.; requiring certain vessels used or stored on the
 1788  waters of this state to have affixed a hull identification
 1789  number; providing that a vessel in violation may be seized and
 1790  subject to forfeiture; amending ss. 328.46, 328.48, and 328.56,
 1791  F.S.; requiring vessels operated, used, or stored on the waters
 1792  of this state to be registered and display the registration
 1793  number; providing exceptions; amending s. 328.58, F.S., relating
 1794  to reciprocity of nonresident or alien vessels; requiring the
 1795  owner of a vessel with a valid registration from another state,
 1796  a vessel with a valid registration from the United States Coast
 1797  Guard in another state, or a federally documented vessel from
 1798  another state to record the registration number with the
 1799  Department of Highway Safety and Motor Vehicles when using or
 1800  storing the vessel on the waters of this state in excess of the
 1801  90-day reciprocity period; amending s. 328.60, F.S.; providing
 1802  an exception to registration requirements for military personnel
 1803  using or storing on the waters of this state a vessel with a
 1804  valid registration from another state, a vessel with a valid
 1805  registration from the United States Coast Guard in another
 1806  state, or a federally documented vessel from another state;
 1807  amending s. 328.65, F.S.; revising legislative intent with
 1808  respect to registration and numbering of vessels; amending s.
 1809  328.66, F.S.; authorizing a county to impose an annual
 1810  registration fee on vessels used on the waters of this state
 1811  within its jurisdiction; amending s. 328.72, F.S.; providing
 1812  noncriminal penalties for use or storage of a previously
 1813  registered vessel after the expiration of the registration
 1814  period; amending ss. 369.20, 369.22, and 369.25, F.S.; providing
 1815  that the commission has the authority to enforce statutes
 1816  relating to aquatic weeds and plants; amending s. 379.304, F.S.;
 1817  providing that anyone violating the provisions governing the
 1818  sale or exhibition of wildlife are subject to specified
 1819  penalties relating to captive wildlife; amending s. 379.338,
 1820  F.S.; authorizing an investigating law enforcement agency to
 1821  dispose of illegally taken wildlife, freshwater fish, or
 1822  saltwater fish in certain specified ways; requiring that live
 1823  wildlife, freshwater fish, and saltwater fish be properly
 1824  documented as evidence and returned to the habitat unharmed;
 1825  requiring that nonnative species be disposed of in accordance
 1826  with rules of the Fish and Wildlife Conservation Commission;
 1827  providing for the disposition of furs and hides; requiring that
 1828  the proceeds of sales be deposited in the State Game Trust Fund
 1829  or the Marine Resources Conservation Trust Fund; requiring the
 1830  Fish and Wildlife Conservation Commission to give to a state,
 1831  municipal, or county law enforcement agency that enforces or
 1832  assists the commission in enforcing the law all or a portion of
 1833  the value of any property forfeited during an enforcement
 1834  action; creating s. 379.3381, F.S.; providing that photographs
 1835  of wildlife or freshwater or saltwater fish may be offered into
 1836  evidence to the same extent as if the wildlife, freshwater fish,
 1837  or saltwater fish were directly introduced as evidence;
 1838  requiring that the photograph be accompanied by a writing
 1839  containing specified information relating to the illegal seizure
 1840  of the wildlife or freshwater or saltwater fish; requiring that
 1841  the wildlife or freshwater or saltwater fish be disposed of as
 1842  provided by law; amending s. 379.353, F.S.; providing that a
 1843  resident of this state is exempt from paying certain
 1844  recreational licenses if the person is eligible for Medicaid
 1845  services and has been issued an identification card by the
 1846  Agency for Health Care Administration; amending s. 379.3671,
 1847  F.S.; providing that if a certificate issued to a person to use
 1848  a spiny lobster trap is not renewed within a specified period,
 1849  the certificate will be considered abandoned and revert to the
 1850  commission; amending s. 379.3751, F.S.; revising the alligator
 1851  trapping agent’s license and the alligator farming agent’s
 1852  license to allow the trapper and the farmer to possess, process,
 1853  and sell the hides and meat of the alligator; removing the
 1854  limitation that an alligator trapping agent’s license could be
 1855  issued only in conjunction with an alligator trapping license;
 1856  amending s. 379.3761, F.S.; providing penalties for the wrongful
 1857  exhibition or sale of wildlife; amending s. 379.3762, F.S.;
 1858  revising penalties for a person who unlawfully possesses
 1859  wildlife; amending s. 379.401, F.S.; making it a level 2
 1860  violation for a person to feed or entice an alligator or
 1861  crocodile and a level 4 violation for a person to illegally
 1862  kill, injure, or capture an alligator or crocodile; amending s.
 1863  379.4015, F.S.; making it a level 2 violation for a person to
 1864  illegally exhibit of sell wildlife; creating s. 379.501, F.S.;
 1865  providing penalties for unlawfully disturbing aquatic weeds and
 1866  plants; providing that a person is liable to the state for any
 1867  damage caused to the aquatic weeds or plants and for civil
 1868  penalties; providing that if a person willfully harm aquatic
 1869  weeds and plants he or she commits a felony of the third degree;
 1870  providing criminal penalties; creating s. 379.502, F.S.;
 1871  authorizing the commission to seek judicial or administrative
 1872  remedies for unlawfully disturbing aquatic weeds and plants;
 1873  providing for procedures; authorizing a respondent to request
 1874  mediation; providing for an award of attorney’s fees; providing
 1875  requirements for calculating administrative penalties; providing
 1876  for the administrative law judge to consider evidence of
 1877  mitigation; requiring that penalties be deposited into the
 1878  Invasive Plant Control Trust Fund; creating 379.503, F.S.;
 1879  authorizing the commission to seek injunctive relief; providing
 1880  that the judicial and administrative remedies are alternative
 1881  and mutually exclusive; creating s. 379.504, F.S.; providing
 1882  that anyone who unlawfully disturbs aquatic weeds or plants is
 1883  subject to civil penalties; authorizing a court to impose a
 1884  civil penalty for each offense in an amount not to exceed
 1885  $10,000 per offense; providing for joint and several liability;
 1886  providing for determining the value of fish killed for purposes
 1887  of assessing damages; amending s. 403.088, F.S.; requiring the
 1888  commission to approve a program intended to control aquatic
 1889  weeds or algae; reenacting s. 379.209(2), F.S., relating to
 1890  funds credited to the Nongame Wildlife Trust Fund, to
 1891  incorporate an amendment made to s. 319.32 F.S., in a reference
 1892  thereto; reenacting s. 379.3581(7), F.S., relating to hunting
 1893  safety, to incorporate the amendment made to s. 379.353, F.S.,
 1894  in a reference thereto;providing an appropriation; repealing s.
 1895  327.22, F.S.; repealing s. 379.366(7), F.S.; to abrogate the
 1896  expiration of provisions imposing blue crab effort management
 1897  program fees and penalties; providing effective dates.
 1898