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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment:

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     Senate Amendment (with title amendments)

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     Delete line(s) 8 through 29

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and insert:

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     Section 1.  Subsection (4) of section 253.04, Florida

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Statutes, is amended to read:

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

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may join in any action brought.--

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     (4)  Whenever any person or the agent of any person

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knowingly refuses to comply with or willfully violates any of

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the provisions of this chapter so that such person causes damage

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to the lands of the state or products thereof, including removal

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of those products, such violator is liable for such damage.

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Whenever two or more persons or their agents cause damage, and

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if such damage is indivisible, each violator is jointly and

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severally liable for such damage; however, if such damage is

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divisible and may be attributed to a particular violator or

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violators, each violator is liable only for that damage and

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subject to the fine attributable to his or her violation.

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(a) Any person operating a vessel outside a lawfully marked

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channel in a careless manner that causes seagrass scarring

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within an aquatic preserve established in ss. 258.39 (except for

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the Lake Jackson, Wekiva River and Rainbow Springs aquatic

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preserves), 258.391, 258.392, 258.3925, 258.393, 258.394,

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258.395, 258.396 and 258.397 commits a civil infraction,

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punishable as provided in s. 327.73. Each violation shall be a

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separate offense. For purposes of this subsection:

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     1. "Seagrass scarring" means destruction of seagrass roots,

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shoots or stems that results in tracks on the substrate, caused

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by the operation of a motorized vessel in waters supporting

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seagrasses, commonly referred to as prop-scars or propeller

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scars;

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     2. "Seagrasses" means Cuban shoal grass (Halodule

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

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

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paddle grass (Halophila decipiens), Johnsons seagrass (Halophila

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johnsonii) or widgeon grass (Ruppia maritima).

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     (b) Any violation of this subsection is a violation of the

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boating laws of this state and shall be charged on a uniform

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boating citation as provided in s. 327.74. Any person who

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refuses to post a bond or accept and sign a uniform boating

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citation shall, as provided in s. 327.73(3), be guilty of a

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

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775.082 or s. 775.083.

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     Section 2.  Paragraph (x) of subsection (1) of section

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327.73, Florida Statutes, is added to read:

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     327.73  Noncriminal infractions.--

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     (1)  Violations of the following provisions of the vessel

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laws of this state are noncriminal infractions:

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

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seagrass scarring, for which the civil penalty is:

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     1. $50 upon conviction for a first offense;

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     2. $250 upon conviction for a second offense occurring

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within 12 months of a prior conviction;

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     3. $500 upon conviction for a third offense occurring

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within 36 months of a prior conviction;

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     4. $1,000 upon conviction for a fourth or subsequent

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offense.

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

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deemed to be charged with a noncriminal infraction, shall be

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

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before the county court. The civil penalty for any such

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infraction is $50, except as otherwise provided in this section.

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Any person who fails to appear or otherwise properly respond to

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a uniform boating citation shall, in addition to the charge

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relating to the violation of the boating laws of this state, be

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charged with the offense of failing to respond to such citation

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and, upon conviction, be guilty of a misdemeanor of the second

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

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written warning to this effect shall be provided at the time

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such uniform boating citation is issued.

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     Section 3.  Section 372.73, Florida Statutes, is amended to

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read:

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     372.73  Confiscation and disposition of illegally taken

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wildlife, freshwater fish, and saltwater fish game.--

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(1) All wildlife, game and freshwater fish, and saltwater

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fish seized under the authority of this chapter, any other

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chapter, or rules of the commission shall, upon conviction of

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the offender or sooner in accordance with a court order if the

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court so orders, be forfeited to the investigating law

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enforcement agency. The law enforcement agency may elect to:

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retain the wildlife, freshwater fish or saltwater fish for the

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agency's official use; transfer it to another unit of state or

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local government for official use; donate it to a charitable

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organization; sell it at public sale, pursuant to the provisions

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of s. 705.103; or destroy the wildlife, freshwater fish or

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saltwater fish if none of the other options are practicable or

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if the wildlife, freshwater fish, or saltwater fish is

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unwholesome or otherwise not of appreciable value. All live

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wildlife, freshwater fish, and saltwater fish, the possession of

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which is unlawful, shall be properly documented as evidence as

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provided in s. 372.731, and returned to the habitat unharmed,

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except that non-native species may be released only as allowed

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by rules of the commission. Any unclaimed wildlife, freshwater

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fish or saltwater fish shall be retained by the investigating

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law enforcement agency and disposed of in accordance with the

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above provisions. and given to some hospital or charitable

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institution and receipt therefor sent to the Fish and Wildlife

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Conservation Commission.

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(2) All furs or hides or fur-bearing animals seized under

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the authority of this chapter shall, upon conviction of the

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offender, be forfeited and sent to the commission, which shall

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sell the same and deposit the proceeds of such sale to the

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credit of the State Game Trust Fund or into the commission's

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Federal Law Enforcement Trust Fund as provided in s. 372.107, as

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applicable. If any such hides or furs are seized and the

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offender is unknown, the court shall order such hides or furs

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sent to the Fish and Wildlife Conservation Commission, which

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shall sell such hides and furs.

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(3) Except as otherwise provided, the and deposit the

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proceeds of any such sale pursuant to this section shall be

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remitted to the Department of Revenue to be deposited to the

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credit of the State Game Trust Fund or the Marine Resources

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Conservation Trust Fund, into the commission's Federal Law

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Enforcement Trust Fund as provided in s. 372.107, as applicable.

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(4) Any state, municipal or county law enforcement agency

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that enforces or assists the commission in enforcing the

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provisions of this chapter, which results in a forfeiture of

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property as provided in this section, shall be entitled to

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receive all or a share of any property based upon its

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participation in such enforcement.

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     Section 4.  Section 372.731, Florida Statutes, is created

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to read:

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     372.731 Photographs of illegally taken wildlife,

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freshwater fish, and saltwater fish.-- In any prosecution for a

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violation of Chapter 370, Chapter 372 or rules of the

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commission, a photograph of the illegally taken wildlife,

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freshwater fish or saltwater fish may be deemed competent

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evidence of such property and may be admissible in the

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prosecution to the same extent as if such wildlife, freshwater

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or saltwater fish were introduced as evidence. Such photograph

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shall bear a written description of the wildlife, freshwater

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fish or saltwater fish alleged to have been illegally taken, the

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name of the violator, the location where the alleged wrongful

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taking occurred, the name of the investigating law enforcement

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officer, the date the photograph was taken, and the name of the

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photographer. Such writing shall be made under oath by the

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investigating law enforcement officer, and the photograph shall

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be identified by the signature of the photographer.

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     Section 5.  This act shall take effect October 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2 through 4

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and insert:

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An act relating to fish and wildlife; amending s. 253.04,

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F.S., relating to the protection of seagrasses; providing

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definitions and penalties for the destruction of

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seagrasses; amending s. 327.73, F.S., relating to

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noncriminal infractions; establishing civil penalties for

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the destruction of seagrasses; amending s. 372.73, F.S.,

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relating to the disposition of illegally taken wildlife;

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providing for the disposition of such wildlife; providing

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for the documentation of illegally taken wildlife;

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creating s. 372.731, F.S., relating to photographs of

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illegally taken wildlife; providing for the admission of

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photographs as evidentiary materials; providing conditions

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under which such photographs shall be taken; providing an

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effective date.

3/17/2008  10:48:00 AM     EP.EP.05112