1 | A bill to be entitled |
2 | An act relating to the protection of seagrasses; amending |
3 | s. 253.04, F.S.; providing that careless operation of a |
4 | vessel outside a marked channel that causes propeller |
5 | scarring within an aquatic preserve is a civil infraction; |
6 | defining the terms "propeller scarring" and "seagrasses"; |
7 | providing that refusal to post bond or sign a boating |
8 | citation is a second degree misdemeanor; requiring that |
9 | civil penalties collected for the careless operation of a |
10 | vessel be deposited into the Internal Improvement Trust |
11 | Fund and used for specified purposes; amending s. 327.73, |
12 | F.S.; providing civil penalties; providing an effective |
13 | date. |
14 |
|
15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
|
17 | Section 1. Subsections (4) through (7) of section 253.04, |
18 | Florida Statutes, are renumbered as subsections (5) through (8), |
19 | respectively, and a new subsection (4) is added to that section, |
20 | to read: |
21 | 253.04 Duty of board to protect, etc., state lands; state |
22 | may join in any action brought.-- |
23 | (4)(a) Any person operating a vessel outside a lawfully |
24 | marked channel in a careless manner that causes propeller |
25 | scarring within an aquatic preserve commits a civil infraction, |
26 | punishable as provided in s. 327.73, except as provided in |
27 | paragraph (b). Each violation is a separate offense. As used in |
28 | this subsection, the term: |
29 | 1. "Propeller scarring" means damage caused by the |
30 | operation of a vessel in waters supporting seagrasses, resulting |
31 | in the destruction of roots, shoots, or stems of seagrass |
32 | plants, which causes denuding of vegetation in tracks of |
33 | sediment commonly referred to as prop-scars or propeller scars. |
34 | 2. "Seagrasses" means Cuban shoal grass (Halodule |
35 | wrightii), turtle grass (Thalassia testudinum), manatee grass |
36 | (Syringodium filiforme), star grass (Halophila engelmannii), |
37 | paddle 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 |
40 | boating laws of this state and shall be charged on a uniform |
41 | boating citation as provided in s. 327.74. Any person who |
42 | refuses to post a bond or accept and sign a uniform boating |
43 | citation commits a misdemeanor of the second degree as provided |
44 | in s. 327.73(3), punishable as provided in s. 775.082 or s. |
45 | 775.083. |
46 | (c) All civil penalties imposed and collected pursuant to |
47 | this subsection shall be deposited into the Internal Improvement |
48 | Trust Fund and used solely to implement, administer, and enforce |
49 | this subsection; provide for seagrass restoration; and conduct a |
50 | program to educate vessel operators about the need to protect |
51 | seagrasses from damage caused by the operation of vessels. |
52 | Section 2. Paragraph (x) is added to subsection (1) of |
53 | section 327.73, Florida Statutes, and subsection (8) of that |
54 | section is amended, to read: |
55 | 327.73 Noncriminal infractions.-- |
56 | (1) Violations of the following provisions of the vessel |
57 | laws of this state are noncriminal infractions: |
58 | (x) Section 253.04(4)(a), relating to carelessly causing |
59 | propeller 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 |
62 | second offense occurring within 12 months after a prior |
63 | conviction; |
64 | 3. Five hundred dollars upon conviction for a third |
65 | offense occurring within 36 months after a prior conviction; |
66 | 4. One thousand dollars upon conviction for a fourth or |
67 | subsequent offense. |
68 |
|
69 | Any person cited for a violation of any such provision shall be |
70 | deemed to be charged with a noncriminal infraction, shall be |
71 | cited for such an infraction, and shall be cited to appear |
72 | before the county court. The civil penalty for any such |
73 | infraction is $50, except as otherwise provided in this section. |
74 | Any person who fails to appear or otherwise properly respond to |
75 | a uniform boating citation shall, in addition to the charge |
76 | relating to the violation of the boating laws of this state, be |
77 | charged with the offense of failing to respond to such citation |
78 | and, upon conviction, be guilty of a misdemeanor of the second |
79 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
80 | written warning to this effect shall be provided at the time |
81 | such uniform boating citation is issued. |
82 | (8) Except as otherwise provided, all fees and civil |
83 | penalties assessed and collected pursuant to this section shall |
84 | be remitted by the clerk of the court to the Department of |
85 | Revenue to be deposited into the Marine Resources Conservation |
86 | Trust Fund for boating safety education purposes. |
87 | Section 3. This act shall take effect October 1, 2007. |