Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 548
                        Barcode 592904
                            CHAMBER ACTION
              Senate                               House
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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:
13  
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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    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
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    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.
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    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.
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