Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 494
       
       
       
       
       
       
                                Ì2899127Î289912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/10/2022 03:20 PM       .                                
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 191 - 428
    4  and insert:
    5  repopulation of such habitats.
    6         a.Each lead land managing agency shall:
    7         (I)In consultation with the Fish and Wildlife Conservation
    8  Commission, consider in the management plan for all state lands
    9  under its management which are greater in size than 40
   10  contiguous acres the feasibility of using a portion of the
   11  property as a gopher tortoise recipient site. If, during
   12  consultation with the commission, the lead land managing agency
   13  determines that the recipient site management is not in conflict
   14  with the primary management objects of the parcel, the
   15  management plan must contain a component or section prepared by
   16  a qualified wildlife biologist which assesses the feasibility of
   17  managing the site as a recipient site for gopher tortoises,
   18  consistent with the rules of the commission.
   19         (II)Consult with the commission on feasibility assessments
   20  and implementation of gopher tortoise management.
   21         b.State lands may be used as gopher tortoise recipient
   22  sites only if there are fewer than three permitted private
   23  recipient sites available for gopher tortoise relocations which
   24  are actively accepting gopher tortoise relocations. The
   25  commission shall work with each state land management agency to
   26  identify at least nine sites on state lands which are feasible
   27  for use as gopher tortoise recipient sites. The lead land
   28  management agencies of such identified sites must submit a
   29  gopher tortoise recipient site permit application to the
   30  commission by December 31, 2022, and the sites must be permitted
   31  and ready to accept relocated gopher tortoises by July 1, 2023.
   32  If the commission does not approve or deny a complete gopher
   33  tortoise recipient site permit application within 45 days after
   34  receipt of the application, the application shall be deemed
   35  approved.
   36         c.In addition, The lead land managing agency of such state
   37  lands may use fees received from public or private entities for
   38  projects to offset adverse impacts to imperiled species or their
   39  habitat in order to restore, enhance, manage, repopulate, or
   40  acquire land and to implement land management plans developed
   41  under s. 253.034 or a land management prospectus developed and
   42  implemented under this chapter. Such fees shall be deposited
   43  into a foundation or fund created by each land management agency
   44  under s. 379.223, s. 589.012, or s. 259.032(9)(c), to be used
   45  solely to restore, manage, enhance, repopulate, or acquire
   46  imperiled species habitat.
   47         12. There is a need to change the focus and direction of
   48  the state’s major land acquisition programs and to extend
   49  funding and bonding capabilities, so that future generations may
   50  enjoy the natural resources of this state.
   51         (b) The Legislature recognizes that acquisition of lands in
   52  fee simple is only one way to achieve the aforementioned goals
   53  and encourages the use of less-than-fee interests, other
   54  techniques, and the development of creative partnerships between
   55  governmental agencies and private landowners. Such partnerships
   56  may include those that advance the restoration, enhancement,
   57  management, or repopulation of imperiled species habitat on
   58  state lands as provided for in subparagraph (a)11. Easements
   59  acquired pursuant to s. 570.71(2)(a) and (b), land protection
   60  agreements, and nonstate funded tools such as rural land
   61  stewardship areas, sector planning, gopher tortoise recipient
   62  sites, and mitigation should be used, where appropriate, to
   63  bring environmentally sensitive tracts under an acceptable level
   64  of protection at a lower financial cost to the public, and to
   65  provide private landowners with the opportunity to enjoy and
   66  benefit from their property.
   67         Section 2. Paragraphs (a) and (c) of subsection (1) of
   68  section 327.352, Florida Statutes, are amended to read:
   69         327.352 Tests for alcohol, chemical substances, or
   70  controlled substances; implied consent; refusal.—
   71         (1)(a)1. The Legislature declares that the operation of a
   72  vessel is a privilege that must be exercised in a reasonable
   73  manner. In order to protect the public health and safety, it is
   74  essential that a lawful and effective means of reducing the
   75  incidence of boating while impaired or intoxicated be
   76  established. Therefore, a person who accepts the privilege
   77  extended by the laws of this state of operating a vessel within
   78  this state is, by operating such vessel, deemed to have given
   79  his or her consent to submit to an approved chemical test or
   80  physical test including, but not limited to, an infrared light
   81  test of his or her breath for the purpose of determining the
   82  alcoholic content of his or her blood or breath if the person is
   83  lawfully arrested for any offense allegedly committed while the
   84  person was operating a vessel while under the influence of
   85  alcoholic beverages. The chemical or physical breath test must
   86  be incidental to a lawful arrest and administered at the request
   87  of a law enforcement officer who has reasonable cause to believe
   88  such person was operating the vessel within this state while
   89  under the influence of alcoholic beverages. The administration
   90  of a breath test does not preclude the administration of another
   91  type of test. The person shall be told that his or her failure
   92  to submit to any lawful test of his or her breath under this
   93  chapter will result in a civil penalty of $500, and shall also
   94  be told that if he or she refuses to submit to a lawful test of
   95  his or her breath and he or she has been previously fined under
   96  s. 327.35215 or has previously had his or her driving privilege
   97  has been previously driver license suspended for refusal to
   98  submit to any lawful test of his or her breath, urine, or blood,
   99  he or she commits a misdemeanor of the first degree, punishable
  100  as provided in s. 775.082 or s. 775.083, in addition to any
  101  other penalties provided by law. The refusal to submit to a
  102  chemical or physical breath test upon the request of a law
  103  enforcement officer as provided in this section is admissible
  104  into evidence in any criminal proceeding.
  105         2. A person who accepts the privilege extended by the laws
  106  of this state of operating a vessel within this state is, by
  107  operating such vessel, deemed to have given his or her consent
  108  to submit to a urine test for the purpose of detecting the
  109  presence of chemical substances as set forth in s. 877.111 or
  110  controlled substances if the person is lawfully arrested for any
  111  offense allegedly committed while the person was operating a
  112  vessel while under the influence of chemical substances or
  113  controlled substances. The urine test must be incidental to a
  114  lawful arrest and administered at a detention facility or any
  115  other facility, mobile or otherwise, which is equipped to
  116  administer such tests at the request of a law enforcement
  117  officer who has reasonable cause to believe such person was
  118  operating a vessel within this state while under the influence
  119  of chemical substances or controlled substances. The urine test
  120  must shall be administered at a detention facility or any other
  121  facility, mobile or otherwise, which is equipped to administer
  122  such test in a reasonable manner that will ensure the accuracy
  123  of the specimen and maintain the privacy of the individual
  124  involved. The administration of a urine test does not preclude
  125  the administration of another type of test. The person shall be
  126  told that his or her failure to submit to any lawful test of his
  127  or her urine under this chapter will result in a civil penalty
  128  of $500, and shall also be told that if he or she refuses to
  129  submit to a lawful test of his or her urine and he or she has
  130  been previously fined under s. 327.35215 or has previously had
  131  his or her driving privilege has been previously driver license
  132  suspended for refusal to submit to any lawful test of his or her
  133  breath, urine, or blood, he or she commits a misdemeanor of the
  134  first degree, punishable as provided in s. 775.082 or s.
  135  775.083, in addition to any other penalties provided by law. The
  136  refusal to submit to a urine test upon the request of a law
  137  enforcement officer as provided in this section is admissible
  138  into evidence in any criminal proceeding.
  139         (c) A person who accepts the privilege extended by the laws
  140  of this state of operating a vessel within this state is, by
  141  operating such vessel, deemed to have given his or her consent
  142  to submit to an approved blood test for the purpose of
  143  determining the alcoholic content of the blood or a blood test
  144  for the purpose of determining the presence of chemical
  145  substances or controlled substances as provided in this section
  146  if there is reasonable cause to believe the person was operating
  147  a vessel while under the influence of alcoholic beverages or
  148  chemical or controlled substances and the person appears for
  149  treatment at a hospital, clinic, or other medical facility and
  150  the administration of a breath or urine test is impractical or
  151  impossible. As used in this paragraph, the term “other medical
  152  facility” includes an ambulance or other medical emergency
  153  vehicle. The blood test must shall be performed in a reasonable
  154  manner. A person who is incapable of refusal by reason of
  155  unconsciousness or other mental or physical condition is deemed
  156  not to have withdrawn his or her consent to such test. A person
  157  who is capable of refusal shall be told that his or her failure
  158  to submit to such a blood test will result in a civil penalty of
  159  $500. The refusal to submit to a blood test upon the request of
  160  a law enforcement officer is shall be admissible in evidence in
  161  any criminal proceeding.
  162         Section 3. Subsections (1) and (2) of section 327.35215,
  163  Florida Statutes, are amended to read:
  164         327.35215 Penalty for failure to submit to test.—
  165         (1) A person who is lawfully arrested for an alleged
  166  violation of s. 327.35 and who refuses to submit to a blood
  167  test, breath test, or urine test pursuant to s. 327.352 is
  168  subject to a civil penalty of $500.
  169         (2) When a person refuses to submit to a blood test, breath
  170  test, or urine test pursuant to s. 327.352, a law enforcement
  171  officer who is authorized to make arrests for violations of this
  172  chapter shall file with the clerk of the court, on a form
  173  provided by the commission department, a certified statement
  174  that probable cause existed to arrest the person for a violation
  175  of s. 327.35 and that the person refused to submit to a test as
  176  required by s. 327.352. Along with the statement, the officer
  177  shall must also submit a sworn statement on a form provided by
  178  the commission department that the person has been advised of
  179  both the penalties for failure to submit to the blood, breath,
  180  or urine test and the procedure for requesting a hearing.
  181         Section 4. Present paragraph (c) of subsection (1) of
  182  section 327.371, Florida Statutes, is redesignated as paragraph
  183  (d), and a new paragraph (c) is added to that subsection, to
  184  read:
  185         327.371 Human-powered vessels regulated.—
  186         (1) A person may operate a human-powered vessel within the
  187  boundaries of the marked channel of the Florida Intracoastal
  188  Waterway as defined in s. 327.02:
  189         (c) When participating in practices or competitions for
  190  interscholastic, intercollegiate, intramural, or club rowing
  191  teams affiliated with an educational institution identified in
  192  s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or s.
  193  1005.03(1)(d), if the adjacent area outside of the marked
  194  channel is not suitable for such practice or competition. The
  195  teams must use their best efforts to make use of the adjacent
  196  area outside of the marked channel. The commission must be
  197  notified in writing of the details of any such competition, and
  198  the notification must include, but need not be limited to, the
  199  date, time, and location of the competition.
  200         Section 5. Paragraph (f) is added to subsection (2) of
  201  section 327.4107, Florida Statutes, to read:
  202         327.4107 Vessels at risk of becoming derelict on waters of
  203  this state.—
  204         (2) An officer of the commission or of a law enforcement
  205  agency specified in s. 327.70 may determine that a vessel is at
  206  risk of becoming derelict if any of the following conditions
  207  exist:
  208         (f) The vessel is tied to an unlawful or unpermitted
  209  structure or mooring.
  210         Section 6. Paragraph (b) of subsection (1) of section
  211  327.46, Florida Statutes, is amended to read:
  212         327.46 Boating-restricted areas.—
  213         (1) Boating-restricted areas, including, but not limited
  214  to, restrictions of vessel speeds and vessel traffic, may be
  215  established on the waters of this state for any purpose
  216  necessary to protect the safety of the public if such
  217  restrictions are necessary based on boating accidents,
  218  visibility, hazardous currents or water levels, vessel traffic
  219  congestion, or other navigational hazards or to protect
  220  seagrasses on privately owned submerged lands.
  221         (b) Municipalities and counties may establish the following
  222  boating-restricted areas by ordinance, including,
  223  notwithstanding the prohibition in s. 327.60(2)(c), within the
  224  portion of the Florida Intracoastal Waterway within their
  225  jurisdiction:
  226         1. An ordinance establishing an idle speed, no wake
  227  boating-restricted area, if the area is:
  228         a. Within 500 feet of any boat ramp, hoist, marine railway,
  229  or other launching or landing facility available for use by the
  230  general boating public on waterways more than 300 feet in width
  231  or within 300 feet of any boat ramp, hoist, marine railway, or
  232  other launching or landing facility available for use by the
  233  general boating public on waterways not exceeding 300 feet in
  234  width.
  235         b. Within 500 feet of fuel pumps or dispensers at any
  236  marine fueling facility that sells motor fuel to the general
  237  boating public on waterways more than 300 feet in width or
  238  within 300 feet of the fuel pumps or dispensers at any licensed
  239  terminal facility that sells motor fuel to the general boating
  240  public on waterways not exceeding 300 feet in width.
  241         c. Inside or within 300 feet of any lock structure.
  242         2. An ordinance establishing a slow speed, minimum wake
  243  boating-restricted area if the area is:
  244         a. Within 300 feet of any bridge fender system.
  245         b. Within 300 feet of any bridge span presenting a vertical
  246  clearance of less than 25 feet or a horizontal clearance of less
  247  than 100 feet.
  248         c. On a creek, stream, canal, or similar linear waterway if
  249  the waterway is less than 75 feet in width from shoreline to
  250  shoreline.
  251         d. On a lake or pond of less than 10 acres in total surface
  252  area.
  253         e. Within the boundaries of a permitted public mooring
  254  field and a buffer around the mooring field of up to 100 feet.
  255         3. An ordinance establishing a vessel-exclusion zone if the
  256  area is:
  257         a. Designated as a public bathing beach or swim area,
  258  except that such areas may not be created on waters that include
  259  any portion of the Florida Intracoastal Waterway or that are
  260  within 100 feet of the marked channel of the Florida
  261  Intracoastal Waterway.
  262  
  263  ================= T I T L E  A M E N D M E N T ================
  264  And the title is amended as follows:
  265         Delete lines 10 - 30
  266  and insert:
  267         implementation of management strategies; requiring the
  268         commission to work with the land management agencies
  269         to identify a specified number of sites; providing
  270         gopher tortoise recipient site permit application
  271         requirements; specifying permit timeframe
  272         requirements; amending ss. 327.352 and 327.35215,
  273         F.S.; revising the notices a person must be given for
  274         failure to submit to certain tests for alcohol,
  275         chemical substances, or controlled substances; making
  276         technical changes; amending s. 327.371, F.S.;
  277         authorizing individuals, when participating in certain
  278         athletic team practices or competitions, to operate a
  279         human-powered vessel within the marked channel of the
  280         Florida Intracoastal Waterway under certain
  281         circumstances; requiring the commission to be notified
  282         of any such competition; providing notice
  283         requirements; amending s. 327.4107, F.S.; revising the
  284         vessel conditions that an officer of the commission or
  285         a law enforcement agency may use to determine that a
  286         vessel is at risk of becoming derelict; amending s.
  287         327.46, F.S.; prohibiting municipalities and counties
  288         from designating certain waters adjacent to designated
  289         public bathing beaches or swim areas as vessel
  290         exclusion zones; repealing s. 376.15, F.S., relating
  291         to