Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 548
                        Barcode 592904
                            CHAMBER ACTION
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       03/14/2007 02:41 PM         .                    
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11  The Committee on Environmental Preservation and Conservation
12  (Jones) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Present subsections (4), (5), (6), and (7)
19  of section 253.04, Florida Statutes, are redesignated as
20  subsections (5), (6), (7), and (8), respectively, and a new
21  subsection (4) is added to that section, to read:
22         253.04  Duty of board to protect, etc., state lands;
23  state may join in any action brought.--
24         (4)(a)  Any person operating a vessel outside a
25  lawfully marked channel in a careless manner that causes
26  propeller scarring within an acquatic preserve commits a civil
27  infraction, punishable as provided in s. 327.73. Each
28  violation is a separate offense. As used in this subsection,
29  the term:
30         1.  "Propeller scarring" means damage caused by the
31  operation of a vessel in waters supporting seagrasses,
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    3:29 PM   03/12/07                             s0548d-ep13-r3e

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 548 Barcode 592904 1 resulting in the destruction of roots, shoots, or stems of 2 seagrass plants, which causes denuding of vegetation in tracks 3 of sediment commonly referred to as prop-scars or propeller 4 scars. 5 2. "Seagrasses" means Cuban shoal grass (Halodule 6 wrightii), turtle grass (Thalassia testudinum), manatee grass 7 (Syringodium filiforme), star grass (Halophila engelmannii), 8 paddle grass (Halophila decipiens), Johnson's seagrass 9 (Halophila johnsonii), or widgeon grass (Ruppia maritima). 10 (b) Any violation of this subsection is a violation of 11 the boating laws of this state and shall be charged on a 12 uniform boating citation as provided in s. 327.74. Any person 13 who refuses to post a bond or accept and sign a uniform 14 boating citation commits a misdemeanor of the second degree as 15 provided in s. 327.73(3), punishable as provided in s. 775.082 16 or s. 775.083. 17 (c) All civil penalties imposed and collected pursuant 18 to this subsection shall be deposited into the Internal 19 Improvement Trust Fund and used solely to implement, 20 administer, and enforce this subsection; provide for seagrass 21 restoration; and conduct a program to educate vessel operators 22 about the need to protect seagrasses from damage caused by the 23 operation of vessels. 24 Section 2. Paragraph (x) is added to subsection (1) of 25 section 327.73, Florida Statutes, and subsection (8) of that 26 section is amended, to read: 27 327.73 Noncriminal infractions.-- 28 (1) Violations of the following provisions of the 29 vessel laws of this state are noncriminal infractions: 30 (x) Section 253.04(4)(a), relating to carelessly 31 causing propeller scarring in an acquatic preserve, for which 2 3:29 PM 03/12/07 s0548d-ep13-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 548 Barcode 592904 1 the civil penalty is: 2 1. Fifty dollars upon conviction for a first offense; 3 2. Two hundred and fifty dollars upon conviction for a 4 second offense occurring within 12 months after a prior 5 conviction; 6 3. Five hundred dollars upon conviction for a third 7 offense occurring within 36 months after a prior conviction; 8 4. One thousand dollars upon conviction for a fourth 9 or subsequent offense. 10 11 Any person cited for a violation of any such provision shall 12 be deemed to be charged with a noncriminal infraction, shall 13 be cited for such an infraction, and shall be cited to appear 14 before the county court. The civil penalty for any such 15 infraction is $50, except as otherwise provided in this 16 section. Any person who fails to appear or otherwise properly 17 respond to a uniform boating citation shall, in addition to 18 the charge relating to the violation of the boating laws of 19 this state, be charged with the offense of failing to respond 20 to such citation and, upon conviction, be guilty of a 21 misdemeanor of the second degree, punishable as provided in s. 22 775.082 or s. 775.083. A written warning to this effect shall 23 be provided at the time such uniform boating citation is 24 issued. 25 (8) Except as otherwise provided in s. 253.04(4)(c), 26 all fees and civil penalties assessed and collected pursuant 27 to this section shall be remitted by the clerk of the court to 28 the Department of Revenue to be deposited into the Marine 29 Resources Conservation Trust Fund for boating safety education 30 purposes. 31 Section 3. This act shall take effect October 1, 2007. 3 3:29 PM 03/12/07 s0548d-ep13-r3e
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 548 Barcode 592904 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to the protection of seagrasses 8 in acquatic preserves; amending s. 253.04, 9 F.S.; providing that careless operation of a 10 vessel outside a marked channel which causes 11 propeller scarring in an acquatic preserve is a 12 civil infraction; defining the terms "propeller 13 scarring" and "seagrasses"; providing that 14 refusal to post bond or sign a boating citation 15 is a second-degree misdemeanor; requiring that 16 civil penalties collected for the careless 17 operation of a vessel be deposited into the 18 Internal Improvement Trust Fund and used for 19 specified purposes; amending s. 327.73, F.S.; 20 providing civil penalties; providing an 21 effective date. 22 23 24 25 26 27 28 29 30 31 4 3:29 PM 03/12/07 s0548d-ep13-r3e