Senate Bill sb0342

    Florida Senate - 2004                                   SB 342

    By Senator Bennett





    21-579-04

  1                      A bill to be entitled

  2         An act relating to the protection of manatees;

  3         amending s. 370.12, F.S.; creating an exception

  4         from penalties for activities that are

  5         otherwise prohibited if the activity is

  6         reasonably necessary in order to prevent the

  7         loss of life or property or render necessary

  8         assistance to persons or property; providing an

  9         effective date.

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

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13         Section 1.  Paragraph (s) of subsection (2) of section

14  370.12, Florida Statutes, is amended to read:

15         370.12  Marine animals; regulation.--

16         (2)  PROTECTION OF MANATEES OR SEA COWS.--

17         (s)  Except as otherwise provided in this paragraph,

18  any person violating the provisions of this subsection or any

19  rule or ordinance adopted pursuant to this subsection shall be

20  guilty of a misdemeanor, punishable as provided in s.

21  370.021(1)(a) or (b).

22         1.  Any person operating a vessel in excess of a posted

23  speed limit shall be guilty of a civil infraction, punishable

24  as provided in s. 327.73, except as provided in subparagraph

25  2.

26         2.  This paragraph does not apply to persons violating

27  restrictions governing "No Entry" zones or "Motorboat

28  Prohibited" zones, who, if convicted, shall be guilty of a

29  misdemeanor, punishable as provided in s. 370.021(1)(a) or

30  (b), or, if such violation demonstrates blatant or willful

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    Florida Senate - 2004                                   SB 342
    21-579-04




 1  action, may be found guilty of harassment as described in

 2  paragraph (d).

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 4  A person may engage in any activity otherwise prohibited by

 5  this subsection if the activity is reasonably necessary in

 6  order to prevent the loss of life or property due to weather

 7  conditions or other reasonably unforeseen circumstances, or in

 8  order to render necessary assistance to persons or property.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Provides an exception from penalties for activities
      otherwise prohibited if the activity is reasonably
15    necessary to prevent the loss of life or property or
      render necessary assistance to persons or property.
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CODING: Words stricken are deletions; words underlined are additions.