Senate Bill sb0548

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 548

    By Senator Bennett





    21-552-07

  1                      A bill to be entitled

  2         An act relating to the protection of

  3         seagrasses; amending s. 253.04, F.S.; providing

  4         that careless operation of a vessel outside a

  5         marked channel which causes propeller scarring

  6         is a civil infraction; defining the terms

  7         "propeller scarring" and "seagrasses";

  8         providing that willful or wanton operation of a

  9         vessel outside a marked channel which causes

10         propeller scarring is a first-degree

11         misdemeanor; providing that refusal to post

12         bond or sign a boating citation is a

13         second-degree misdemeanor; requiring that civil

14         penalties collected for the careless operation

15         of a vessel be deposited into the Internal

16         Improvement Trust Fund and used for specified

17         purposes; amending s. 327.73, F.S.; providing

18         civil penalities; providing an effective date.

19  

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

21  

22         Section 1.  Present subsections (4), (5), (6), and (7)

23  of section 253.04, Florida Statutes, are redesignated as

24  subsections (5), (6), (7), and (8), respectively, and a new

25  subsection (4) is added to that section, to read:

26         253.04  Duty of board to protect, etc., state lands;

27  state may join in any action brought.--

28         (4)(a)  Any person operating a vessel outside a

29  lawfully marked channel in a careless manner so as to cause

30  propeller scarring commits a civil infraction, punishable as

31  provided in s. 327.73, except as provided in paragraph (b).

                                  1

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






    Florida Senate - 2007                                   SB 548
    21-552-07




 1  Each violation is a separate offense. As used in this

 2  subsection, the term:

 3         1.  "Propeller scarring" means damage caused by the

 4  operation of a vessel in waters supporting seagrasses,

 5  resulting in the destruction of roots, shoots, or stems of

 6  seagrass plants, which causes denuding of vegetation in tracks

 7  of sediment commonly referred to as prop-scars or propeller

 8  scars.

 9         2.  "Seagrasses" means Cuban shoal grass (Halodule

10  wrightii), turtle grass (Thalassia testudinum), manatee grass

11  (Syringodium filiforme), star grass (Halophila engelmannii),

12  paddle grass (Halophila decipiens), Johnson's seagrass

13  (Halophila johnsonii), or widgeon grass (Ruppia maritima).

14         (b)  Any person who willfully or wantonly operates a

15  vessel outside a lawfully marked channel in a manner so as to

16  cause propeller scarring commits a misdemeanor of the first

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18         (c)  Any violation of this subsection is a violation of

19  the boating laws of this state and shall be charged on a

20  uniform boating citation as provided in s. 327.74. Any person

21  who refuses to post a bond or accept and sign a uniform

22  boating citation commits a misdemeanor of the second degree as

23  provided in s. 327.73(3), punishable as provided in s. 775.082

24  or s. 775.083.

25         (d)  All civil penalties imposed and collected pursuant

26  to this subsection shall be deposited into the Internal

27  Improvement Trust Fund and used solely to implement,

28  administer, and enforce this subsection; provide for seagrass

29  restoration; and conduct a program to educate vessel operators

30  about the need to protect seagrasses from damage caused by the

31  operation of vessels.

                                  2

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






    Florida Senate - 2007                                   SB 548
    21-552-07




 1         Section 2.  Paragraph (x) is added to subsection (1) of

 2  section 327.73, Florida Statutes, and subsection (8) of that

 3  section is amended, to read:

 4         327.73  Noncriminal infractions.--

 5         (1)  Violations of the following provisions of the

 6  vessel laws of this state are noncriminal infractions:

 7         (x)  Section 253.04(4)(a), relating to carelessly

 8  causing propeller scarring, for which the civil penalty is:

 9         1.  Fifty dollars upon conviction for a first offense;

10         2.  Two hundred and fifty dollars upon conviction for a

11  second offense occurring within 12 months after a prior

12  conviction;

13         3.  Five hundred dollars upon conviction for a third

14  offense occurring within 36 months after a prior conviction;

15         4.  One thousand dollars upon conviction for a fourth

16  or subsequent offense.

17  

18  Any person cited for a violation of any such provision shall

19  be deemed to be charged with a noncriminal infraction, shall

20  be cited for such an infraction, and shall be cited to appear

21  before the county court. The civil penalty for any such

22  infraction is $50, except as otherwise provided in this

23  section. Any person who fails to appear or otherwise properly

24  respond to a uniform boating citation shall, in addition to

25  the charge relating to the violation of the boating laws of

26  this state, be charged with the offense of failing to respond

27  to such citation and, upon conviction, be guilty of a

28  misdemeanor of the second degree, punishable as provided in s.

29  775.082 or s. 775.083. A written warning to this effect shall

30  be provided at the time such uniform boating citation is

31  issued.

                                  3

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






    Florida Senate - 2007                                   SB 548
    21-552-07




 1         (8)  Except as otherwise provided in s. 253.04(4)(d),

 2  all fees and civil penalties assessed and collected pursuant

 3  to this section shall be remitted by the clerk of the court to

 4  the Department of Revenue to be deposited into the Marine

 5  Resources Conservation Trust Fund for boating safety education

 6  purposes.

 7         Section 3.  This act shall take effect October 1, 2007.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Provides for the protection of seagrasses. Provides
      penalties for damaging seagrasses or refusing to post
12    bond or sign a boating citation. Provides for deposit of
      civil penalties into the Internal Improvement Trust Fund.
13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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