HB 1069

1
A bill to be entitled
2An act relating to the protection of seagrasses; amending
3s. 253.04, F.S.; providing that careless operation of a
4vessel outside a marked channel that causes propeller
5scarring within an aquatic preserve is a civil infraction;
6defining the terms "propeller scarring" and "seagrasses";
7providing that refusal to post bond or sign a boating
8citation is a second degree misdemeanor; requiring that
9civil penalties collected for the careless operation of a
10vessel be deposited into the Internal Improvement Trust
11Fund and used for specified purposes; amending s. 327.73,
12F.S.; providing civil penalties; providing an effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsections (4) through (7) of section 253.04,
18Florida Statutes, are renumbered as subsections (5) through (8),
19respectively, and a new subsection (4) is added to that section,
20to read:
21     253.04  Duty of board to protect, etc., state lands; state
22may join in any action brought.--
23     (4)(a)  Any person operating a vessel outside a lawfully
24marked channel in a careless manner that causes propeller
25scarring within an aquatic preserve commits a civil infraction,
26punishable as provided in s. 327.73, except as provided in
27paragraph (b). Each violation is a separate offense. As used in
28this subsection, the term:
29     1.  "Propeller scarring" means damage caused by the
30operation of a vessel in waters supporting seagrasses, resulting
31in the destruction of roots, shoots, or stems of seagrass
32plants, which causes denuding of vegetation in tracks of
33sediment commonly referred to as prop-scars or propeller scars.
34     2.  "Seagrasses" means Cuban shoal grass (Halodule
35wrightii), turtle grass (Thalassia testudinum), manatee grass
36(Syringodium filiforme), star grass (Halophila engelmannii),
37paddle grass (Halophila decipiens), Johnson's seagrass
38(Halophila johnsonii), or widgeon grass (Ruppia maritima).
39     (b)  Any violation of this subsection is a violation of the
40boating laws of this state and shall be charged on a uniform
41boating citation as provided in s. 327.74. Any person who
42refuses to post a bond or accept and sign a uniform boating
43citation commits a misdemeanor of the second degree as provided
44in s. 327.73(3), punishable as provided in s. 775.082 or s.
45775.083.
46     (c)  All civil penalties imposed and collected pursuant to
47this subsection shall be deposited into the Internal Improvement
48Trust Fund and used solely to implement, administer, and enforce
49this subsection; provide for seagrass restoration; and conduct a
50program to educate vessel operators about the need to protect
51seagrasses from damage caused by the operation of vessels.
52     Section 2.  Paragraph (x) is added to subsection (1) of
53section 327.73, Florida Statutes, and subsection (8) of that
54section is amended, to read:
55     327.73  Noncriminal infractions.--
56     (1)  Violations of the following provisions of the vessel
57laws of this state are noncriminal infractions:
58     (x)  Section 253.04(4)(a), relating to carelessly causing
59propeller scarring, for which the civil penalty is:
60     1.  Fifty dollars upon conviction for a first offense;
61     2.  Two hundred and fifty dollars upon conviction for a
62second offense occurring within 12 months after a prior
63conviction;
64     3.  Five hundred dollars upon conviction for a third
65offense occurring within 36 months after a prior conviction;
66     4.  One thousand dollars upon conviction for a fourth or
67subsequent offense.
68
69Any person cited for a violation of any such provision shall be
70deemed to be charged with a noncriminal infraction, shall be
71cited for such an infraction, and shall be cited to appear
72before the county court. The civil penalty for any such
73infraction is $50, except as otherwise provided in this section.
74Any person who fails to appear or otherwise properly respond to
75a uniform boating citation shall, in addition to the charge
76relating to the violation of the boating laws of this state, be
77charged with the offense of failing to respond to such citation
78and, upon conviction, be guilty of a misdemeanor of the second
79degree, punishable as provided in s. 775.082 or s. 775.083. A
80written warning to this effect shall be provided at the time
81such uniform boating citation is issued.
82     (8)  Except as otherwise provided, all fees and civil
83penalties assessed and collected pursuant to this section shall
84be remitted by the clerk of the court to the Department of
85Revenue to be deposited into the Marine Resources Conservation
86Trust Fund for boating safety education purposes.
87     Section 3.  This act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.