Senate Bill sb2178c1

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    Florida Senate - 2007                           CS for SB 2178

    By the Committee on Community Affairs; and Senator Bennett





    578-2663-07

  1                      A bill to be entitled

  2         An act relating to the protection and

  3         restoration of seagrass beds; creating a pilot

  4         program for the restoration of seagrass beds

  5         within specified counties and related natural

  6         resources; providing definitions; providing

  7         legislative findings and purposes; requiring

  8         that damages recovered for injury to, and the

  9         destruction of, seagrass beds in certain

10         counties, and related natural resources be

11         deposited into the Ecosystem Management and

12         Restoration Trust Fund; requiring the

13         Department of Environmental Protection to

14         expend the funds for restoration, assessment,

15         or rehabilitation of seagrass beds and natural

16         resources; providing criteria governing such

17         expenditures by the department; providing for

18         auditing and reporting by a private recipient

19         of funds; prohibiting any reduction of certain

20         appropriations to a state agency that receives

21         funds under the act; requiring that the

22         department report to the Legislature whether

23         the pilot program should be expanded;

24         authorizing rulemaking by the department;

25         amending s. 253.04, F.S.; providing that

26         careless operation of a vessel outside a marked

27         channel which causes propeller scarring in an

28         acquatic preserve is a civil infraction;

29         defining the terms "propeller scarring" and

30         "seagrasses"; providing that refusal to post

31         bond or sign a boating citation is a

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    Florida Senate - 2007                           CS for SB 2178
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 1         second-degree misdemeanor; requiring that civil

 2         penalties collected for the careless operation

 3         of a vessel be deposited into the Internal

 4         Improvement Trust Fund and used for specified

 5         purposes; amending s. 327.73, F.S.; providing

 6         civil penalties; requiring the Office of

 7         Program Policy Analysis and Government

 8         Accountability to evaluate the recreational

 9         marine industry and report to the Legislature;

10         amending s. 327.803, F.S.; increasing the

11         number of members of the Boating Advisory

12         Council; adding a representative of the

13         recreational airboating community; amending s.

14         403.1651, F.S., relating to the Ecosystem

15         Management and Restoration Trust Fund;

16         conforming provisions to changes made by the

17         act; providing effective dates.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Pilot program for the restoration of

22  seagrass beds.--

23         (1)  As used in this section, the term:

24         (a)  "Damages" means money damages paid by any person,

25  whether voluntarily or as a result of administrative or

26  judicial action, to the state as compensation, restitution, or

27  punitive damages for causing injury to, or the destruction of,

28  the seagrass beds of Brevard County, Lee County, Manatee

29  County, Monroe County, or Pinellas County or to the natural

30  resources that depend on the health and productivity of those

31  seagrass beds.

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    Florida Senate - 2007                           CS for SB 2178
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 1         (b)  "Fund" means the Ecosystem Management and

 2  Restoration Trust Fund.

 3         (c)  "Natural resources" means land, air, water, ground

 4  water, drinking water supplies, fish and their habitats,

 5  wildlife and their habitats, biota, and other such resources

 6  belonging to, managed by, held in trust by, appertaining to,

 7  or otherwise controlled by the state.

 8         (d)  "Seagrass bed" means a community of flowering

 9  underwater plants which is located in shallow marine waters,

10  such as in a bay or lagoon, or along the continental shelf in

11  the Gulf of Mexico.

12         (2)  The Legislature finds that:

13         (a)  The preservation of seagrass beds is critical to

14  protecting the marine life, water quality, and ocean-based

15  economy of this state. Seagrass beds maintain water quality

16  and provide food, habitat, and nursery areas for numerous

17  species of marine life. This state's multimillion-dollar

18  fishing and diving industries depend on the health and

19  productivity of the seagrass beds. Estimates indicate that

20  thousands of acres of seagrass beds in this state have been

21  scarred from boat propellers. Impacts from boat groundings

22  fragment the grass bed, restricting the movement of the marine

23  life that depends upon the habitat. Seagrass beds can take up

24  to a decade to recover from propeller scars.

25         (b)  Seagrass beds and the natural resources that

26  depend on the health and productivity of seagrass beds are

27  subject to instantaneous injury or loss from a variety of

28  negligent and willful acts in ways that cannot be foreseen and

29  provided for in the normal budget process. Due to the

30  unforseeability of such incidents, funds have not been

31  available for reimbursement of extraordinary expenses incurred

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    Florida Senate - 2007                           CS for SB 2178
    578-2663-07




 1  by the Department of Environmental Protection in seeking

 2  compensation, on behalf of the residents of the state, for the

 3  injury to, or destruction of, these natural resources. As a

 4  result, a significant amount of monetary damages recovered by

 5  the state for injury to, or destruction of, its seagrass beds

 6  and the natural resources that depend on the health and

 7  productivity of seagrass beds are deposited into the general

 8  accounts of the State Treasury and are not specifically set

 9  aside for the restoration or rehabilitation of the injured or

10  destroyed natural resources in areas of the state where the

11  injury or loss occurred.

12         (3)  The purpose of this section is to establish a

13  pilot program that provides for the immediate stabilization

14  and restoration of seagrass beds in Brevard, Lee, Manatee,

15  Monroe, and Pinellas Counties where damage has occurred and to

16  remediate the injury to, or destruction of, natural resources

17  that are dependent upon the health and productivity of those

18  seagrass beds.

19         (4)(a)  All damages recovered by or on behalf of the

20  state for injury to, or destruction of, the seagrass beds in

21  Brevard, Lee, Manatee, Monroe, and Pinellas Counties, or to

22  the natural resources that depend on the health and

23  productivity of those seagrass beds, which would otherwise be

24  deposited into the general revenue accounts of the State

25  Treasury or into the Internal Improvement Trust Fund shall be

26  deposited into the Ecosystem Management and Restoration Trust

27  Fund and shall remain in that fund until expended by the

28  Department of Environmental Protection under the pilot program

29  established in this section.

30         (b)  Moneys in the fund shall be expended only for

31  restoration, assessment, or rehabilitation of such injured or

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    Florida Senate - 2007                           CS for SB 2178
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 1  destroyed seagrass beds and natural resources through a

 2  contract with a qualified person. In order to prevent further

 3  erosion, turbidity, and potential loss of natural resources,

 4  each contract must require assessment and stabilization of the

 5  seagrass bed within 30 days after an incident that damages the

 6  seagrass bed occurs, must use a stabilization protocol

 7  following the guidelines in the Final Programmatic

 8  Environmental Impact Statement for Seagrass Restoration in the

 9  Florida Keys National Marine Sanctuary, and must use only

10  those stabilization techniques that are scientifically proven

11  and published in peer-reviewed literature.

12         (5)(a)  Each recipient of disbursements from the fund

13  must agree in advance that its accounts and records of

14  expenditures of such moneys are subject to audit at any time

15  by appropriate state officials and shall submit a final

16  written report describing its expenditures within 90 days

17  after the moneys are expended.

18         (b)  When payments are made to a state agency from the

19  fund under paragraph (4)(a), such payments shall be considered

20  as payments for extraordinary expenses, and other

21  appropriations to that agency may not be reduced by any amount

22  as a result of such payments.

23         (6)  The Department of Environmental Protection shall

24  evaluate the pilot program and report to the President of the

25  Senate and the Speaker of the House of Representatives on

26  whether the pilot program should be expanded in order to

27  restore additional areas of the state's seagrass beds and

28  natural resources. The report on the pilot program is due by

29  January 1, 2009.

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    Florida Senate - 2007                           CS for SB 2178
    578-2663-07




 1         (7)  The Department of Environmental Protection may

 2  adopt rules under ss. 120.536(1) and 120.54, Florida Statutes,

 3  to administer this section.

 4         Section 2.  Effective October 1, 2007, present

 5  subsections (4), (5), (6), and (7) of section 253.04, Florida

 6  Statutes, are redesignated as subsections (5), (6), (7), and

 7  (8), respectively, and a new subsection (4) is added to that

 8  section, to read:

 9         253.04  Duty of board to protect, etc., state lands;

10  state may join in any action brought.--

11         (4)(a)  Any person operating a vessel outside a

12  lawfully marked channel in a careless manner that causes

13  propeller scarring within an acquatic preserve commits a civil

14  infraction, punishable as provided in s. 327.73. Each

15  violation is a separate offense. As used in this subsection,

16  the term:

17         1.  "Propeller scarring" means damage caused by the

18  operation of a vessel in waters supporting seagrasses,

19  resulting in the destruction of roots, shoots, or stems of

20  seagrass plants, which causes denuding of vegetation in tracks

21  of sediment commonly referred to as prop-scars or propeller

22  scars.

23         2.  "Seagrasses" means Cuban shoal grass (Halodule

24  wrightii), turtle grass (Thalassia testudinum), manatee grass

25  (Syringodium filiforme), star grass (Halophila engelmannii),

26  paddle grass (Halophila decipiens), Johnson's seagrass

27  (Halophila johnsonii), or widgeon grass (Ruppia maritima).

28         (b)  Any violation of this subsection is a violation of

29  the boating laws of this state and shall be charged on a

30  uniform boating citation as provided in s. 327.74. Any person

31  who refuses to post a bond or accept and sign a uniform

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    Florida Senate - 2007                           CS for SB 2178
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 1  boating citation commits a misdemeanor of the second degree as

 2  provided in s. 327.73(3), punishable as provided in s. 775.082

 3  or s. 775.083.

 4         (c)  All civil penalties imposed and collected pursuant

 5  to this subsection shall be deposited into the Internal

 6  Improvement Trust Fund and used solely to implement,

 7  administer, and enforce this subsection; provide for seagrass

 8  restoration; and conduct a program to educate vessel operators

 9  about the need to protect seagrasses from damage caused by the

10  operation of vessels.

11         Section 3.  Effective October 1, 2007, paragraph (x) is

12  added to subsection (1) of section 327.73, Florida Statutes,

13  and subsection (8) of that section is amended, to read:

14         327.73  Noncriminal infractions.--

15         (1)  Violations of the following provisions of the

16  vessel laws of this state are noncriminal infractions:

17         (x)  Section 253.04(4)(a), relating to carelessly

18  causing propeller scarring in an acquatic preserve, for which

19  the civil penalty is:

20         1.  Fifty dollars upon conviction for a first offense;

21         2.  Two hundred and fifty dollars upon conviction for a

22  second offense occurring within 12 months after a prior

23  conviction;

24         3.  Five hundred dollars upon conviction for a third

25  offense occurring within 36 months after a prior conviction;

26         4.  One thousand dollars upon conviction for a fourth

27  or subsequent offense.

28  

29  Any person cited for a violation of any such provision shall

30  be deemed to be charged with a noncriminal infraction, shall

31  be cited for such an infraction, and shall be cited to appear

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    Florida Senate - 2007                           CS for SB 2178
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 1  before the county court. The civil penalty for any such

 2  infraction is $50, except as otherwise provided in this

 3  section. Any person who fails to appear or otherwise properly

 4  respond to a uniform boating citation shall, in addition to

 5  the charge relating to the violation of the boating laws of

 6  this state, be charged with the offense of failing to respond

 7  to such citation and, upon conviction, be guilty of a

 8  misdemeanor of the second degree, punishable as provided in s.

 9  775.082 or s. 775.083. A written warning to this effect shall

10  be provided at the time such uniform boating citation is

11  issued.

12         (8)  Except as otherwise provided in s. 253.04(4)(c),

13  all fees and civil penalties assessed and collected pursuant

14  to this section shall be remitted by the clerk of the court to

15  the Department of Revenue to be deposited into the Marine

16  Resources Conservation Trust Fund for boating safety education

17  purposes.

18         Section 4.  The Office of Program Policy Analysis and

19  Government Accountability shall evaluate the overall impact of

20  the recreational marine industry in this state and report its

21  findings to the Legislature by January 1, 2008. The evaluation

22  must:

23         (1)  Include a review of the incentives that are

24  currently available to retain or expand businesses associated

25  with recreational marine industry in this state and a

26  comparison of such incentives to incentives available to

27  retain or expand such businesses in states having a notable

28  recreational marine-industry presence, including North

29  Carolina, Maryland, and Washington.

30         (2)  Examine how many recreational marine-industry

31  businesses have left this state and relocated out of state and

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    Florida Senate - 2007                           CS for SB 2178
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 1  identify potential policies to retain and expand recreational

 2  marine businesses in this state.

 3         (3)  Examine the economic impact of the recreational

 4  marine industry in total dollars and jobs and review efforts

 5  related to workforce retention and attraction, slip shortages,

 6  ramp accessibility and shortages, and the impacts of boaters

 7  who are residents in comparison to boaters who are transients.

 8         Section 5.  Subsection (1) of section 327.803, Florida

 9  Statutes, is amended to read:

10         327.803  Boating Advisory Council.--

11         (1)  The Boating Advisory Council is created within the

12  Fish and Wildlife Conservation Commission and shall be

13  composed of 19 18 members. The members include:

14         (a)  One representative from the Fish and Wildlife

15  Conservation Commission, who shall serve as the chair of the

16  council.

17         (b)  One representative each from the Department of

18  Environmental Protection, the United States Coast Guard

19  Auxiliary, the United States Power Squadron, and the inland

20  navigation districts.

21         (c)  One representative of manatee protection

22  interests, one representative of the marine industries, one

23  representative of water-related environmental groups, one

24  representative of canoe or kayak enthusiasts, one

25  representative of marine manufacturers, one representative of

26  commercial vessel owners or operators, one representative of

27  marine special events, one representative actively involved

28  and working full-time in the scuba diving industry who has

29  experience in recreational boating, one representative of

30  either the commercial fishing industry or the commercial

31  shellfishing industry, one representative of the recreational

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    Florida Senate - 2007                           CS for SB 2178
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 1  airboating community, and two representatives of the boating

 2  public, each of whom shall be nominated by the executive

 3  director of the Fish and Wildlife Conservation Commission and

 4  appointed by the Governor to serve staggered 3-year terms.

 5  Members appointed by the Governor may serve no more than two

 6  full consecutive terms.

 7         (d)  One member of the House of Representatives, who

 8  shall be appointed by the Speaker of the House of

 9  Representatives.

10         (e)  One member of the Senate, who shall be appointed

11  by the President of the Senate.

12         Section 6.  Paragraph (f) is added to subsection (1) of

13  section 403.1651, Florida Statutes, and paragraph (b) of

14  subsection (2) of that section is amended, to read:

15         403.1651  Ecosystem Management and Restoration Trust

16  Fund.--

17         (1)  There is created the Ecosystem Management and

18  Restoration Trust Fund to be administered by the Department of

19  Environmental Protection for the purposes of:

20         (f)  Funding the expenditures authorized under section

21  1 of this act.

22         (2)  The trust fund shall be used for the deposit of

23  all moneys recovered by the state:

24         (b)  For injury to or destruction of coral reefs, sea

25  grass beds, or natural resources under section 1 of this act

26  and s. 380.0558, which moneys would otherwise be deposited

27  into the General Revenue Fund or the Internal Improvement

28  Trust Fund.

29         Section 7.  Except as otherwise expressly provided in

30  this act, this act shall take effect July 1, 2007.

31  

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    Florida Senate - 2007                           CS for SB 2178
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2178

 3                                 

 4  The committee substitute increases the number of members on
    the Florida Boating Advisory Council from 18 members to 19
 5  members and adds a representative of the recreational
    airboating community to the council. The committee substitute
 6  creates a noncriminal violation for careless operation of a
    vessel outside a marked channel in an aquatic preserve, and
 7  requires that penalties collected for violations be deposited
    into the Internal Improvement Trust Fund to be used for
 8  specified purposes. The Legislature's Office of Program Policy
    Analysis and Government Accountability is directed to evaluate
 9  the recreational marine industry and report back to the
    Legislature.
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