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Senator Saunders moved the following amendment:

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     Senate Amendment (with title amendments)

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     Deletes line(s) 21 through 89

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insert:

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     Section 1.  Subsection (18) is added to section 253.03,

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Florida Statutes, to read:

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     253.03  Board of trustees to administer state lands; lands

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enumerated.--

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     (18) The Board of Trustees of the Internal Improvement

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Trust Fund may ensure the preservation and regeneration of

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seagrass, as defined in s. 253.04(4)(a)2., by providing for the

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establishment of seagrass mitigation banks, pursuant to s.

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373.4136, to offset the unavoidable impacts of projects where

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such banks meet the applicable public interest test of chapters

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253 and 258. This subsection shall not prohibit mitigation for

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impacts to seagrass or other habitats on sovereignty submerged

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lands for other types of projects, or for projects occurring on

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nonsovereign submerged lands, upon applicable approval of the

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board of trustees.

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     Section 2.  Paragraph (c) is added to subsection (5) of

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section 253.034, Florida Statutes, to read:

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     253.034  State-owned lands; uses.--

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     (5)  Each manager of conservation lands shall submit to the

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Division of State Lands a land management plan at least every 10

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years in a form and manner prescribed by rule by the board and in

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accordance with the provisions of s. 259.032. Each manager of

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conservation lands shall also update a land management plan

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whenever the manager proposes to add new facilities or make

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substantive land use or management changes that were not

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addressed in the approved plan, or within 1 year of the addition

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of significant new lands. Each manager of nonconservation lands

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shall submit to the Division of State Lands a land use plan at

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least every 10 years in a form and manner prescribed by rule by

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the board. The division shall review each plan for compliance

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with the requirements of this subsection and the requirements of

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the rules established by the board pursuant to this section. All

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land use plans, whether for single-use or multiple-use

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properties, shall include an analysis of the property to

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determine if any significant natural or cultural resources are

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located on the property. Such resources include archaeological

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and historic sites, state and federally listed plant and animal

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species, and imperiled natural communities and unique natural

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features. If such resources occur on the property, the manager

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shall consult with the Division of State Lands and other

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appropriate agencies to develop management strategies to protect

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such resources. Land use plans shall also provide for the control

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of invasive nonnative plants and conservation of soil and water

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resources, including a description of how the manager plans to

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control and prevent soil erosion and soil or water contamination.

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Land use plans submitted by a manager shall include reference to

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appropriate statutory authority for such use or uses and shall

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conform to the appropriate policies and guidelines of the state

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land management plan. Plans for managed areas larger than 1,000

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acres shall contain an analysis of the multiple-use potential of

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the property, which analysis shall include the potential of the

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property to generate revenues to enhance the management of the

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property. Additionally, the plan shall contain an analysis of the

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potential use of private land managers to facilitate the

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restoration or management of these lands. In those cases where a

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newly acquired property has a valid conservation plan that was

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developed by a soil and conservation district, such plan shall be

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used to guide management of the property until a formal land use

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plan is completed.

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     (c) Beginning July 1, 2010, and every 3 years thereafter,

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state-owned lands with an approved land management plan shall be

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monitored for land management activities by a monitoring team.

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The Division of State Lands shall coordinate the activities of

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the monitoring team, which shall consist of three members. One

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member shall be selected by the Executive Director of the Fish

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and Wildlife Conservation Commission or a designee, and shall

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have experience with applied habitat management. One member shall

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be selected by the Secretary of the Department of Environmental

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Protection or a designee, and shall have experience with public

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recreation or use administration. One member shall be selected by

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the Commissioner of Agriculture or a designee, and shall have

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experience with applied land management. The Division of State

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Lands shall provide the monitoring team with the operational

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report prepared pursuant to s. 259.037(6). The monitoring team

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shall prepare a monitoring report that assesses the progress

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towards achieving short-term and long-term land management goals,

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as identified in the operational report, and shall propose

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corrective actions for identified deficiencies in management

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activities. The monitoring report shall be submitted to the

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Acquisition and Restoration Council and the managing agency. The

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Acquisition and Restoration Council shall review the monitoring

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report and determine whether the deficiencies warrant a

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corrective action plan or revisions to the management plan.

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Significant and recurring deficiencies shall be brought to the

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Board of Trustees, which shall determine whether the corrective

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actions being proposed by the land manager and the Acquisition

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and Restoration Council sufficiently address the deficiencies.

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Corrective action plans shall be prepared and submitted in the

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same manner as land management plans.

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     Section 3.  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 the

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provisions of this chapter so that such person causes damage to

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

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

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two or more persons or their agents cause damage, and if such

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damage is indivisible, each violator is jointly and severally

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liable for such damage; however, if such damage is divisible and

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may be attributed to a particular violator or violators, each

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violator is liable only for that damage and subject to the fine

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attributable to his or her violation.

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(a) The duty to conserve and improve state-owned lands and

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the products thereof shall include the preservation and

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regeneration of seagrass, which is deemed essential to the

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oceans, gulfs, estuaries, and shorelines of the state. Any

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person operating a vessel outside a lawfully marked channel in a

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careless manner that causes seagrass scarring within an aquatic

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preserve established in ss. 258.39-258.399 with the exception of

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the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow

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Springs aquatic preserves, commits a civil infraction, punishable

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as provided in s. 327.73. Each violation is a separate offense.

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As used in this subsection, the term:

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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 wrightii),

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turtle grass (Thalassia testudinum), manatee grass (Syringodium

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

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(Halophila decipiens), Johnsons seagrass (Halophila johnsonii) or

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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 refuses

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

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commits a misdemeanor of the second degree, as provided in s.

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327.73(3), punishable as provided in s. 775.082 or s. 775.083.

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     Section 4.  Subsection (6) is added to section 259.037,

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Florida Statutes, to read:

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     259.037  Land Management Uniform Accounting Council.--

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     (6) Beginning July 1, 2010, and every 3 years thereafter,

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each reporting agency shall also submit an operational report for

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each management area along with an approved management plan. The

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report should assess the progress toward achieving short-term and

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long-term management goals of the approved management plan,

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including all land management activities, and identify any

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deficiencies in management and corrective actions to address

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identified deficiencies as appropriate. This report shall be

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submitted to the Division of State Lands for inclusion in its

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annual report required pursuant to s. 259.036.

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     Section 5.  Paragraph (x) of subsection (1) of section

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327.73, Florida Statutes, is created 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. Fifty dollars upon conviction for a first offense.

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     2. Two hundred and fifty dollars upon conviction for a

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second offense occurring within 12 months after a prior

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conviction.

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     3. Five hundred dollars upon conviction for a third offense

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occurring within 36 months after a prior conviction.

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     4. One thousand dollars upon conviction for a fourth or

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subsequent 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 before

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the county court. The civil penalty for any such infraction is

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$50, except as otherwise provided in this section. Any person who

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fails to appear or otherwise properly respond to a uniform

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boating citation shall, in addition to the charge relating to the

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violation of the boating laws of this state, be charged with the

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offense of failing to respond to such citation and, upon

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conviction, be guilty of a misdemeanor of the second degree,

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punishable as provided in s. 775.082 or s. 775.083. A written

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warning to this effect shall be provided at the time such uniform

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boating citation is issued.

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     Section 6.  Paragraph (m) of subsection (2) of section

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370.021, Florida Statutes, is amended to read:

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     370.021  Administration; rules, publications, records;

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penalties; injunctions.--

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     (2)  MAJOR VIOLATIONS.--In addition to the penalties

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provided in paragraphs (1)(a) and (b), the court shall assess

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additional penalties against any commercial harvester convicted

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of major violations as follows:

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     (m)  For a violation involving the taking or harvesting of

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any marine life species, as those species are defined by rule of

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the commission, the harvest of which is prohibited, or the taking

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or harvesting of such a species out of season, or with an illegal

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gear or chemical, or any violation involving the possession of 25

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or more individual specimens of marine life species, or any

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combination of violations in any 3-year period involving more

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than 70 such specimens in the aggregate, the suspension or

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revocation of the licenseholder's marine life endorsement as

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provided in paragraph (h).

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The penalty provisions of this subsection apply to commercial

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harvesters and wholesale and retail dealers as defined in s.

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370.07. Any other person who commits a major violation under this

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subsection commits a Level Three violation under s. 372.83.

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Notwithstanding the provisions of s. 948.01, no court may

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suspend, defer, or withhold adjudication of guilt or imposition

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of sentence for any major violation prescribed in this

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subsection. The proceeds from the penalties assessed pursuant to

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this subsection shall be deposited into the Marine Resources

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Conservation Trust Fund to be used for marine fisheries research

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or into the commission's Federal Law Enforcement Trust Fund as

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provided in s. 372.107, as applicable.

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     Section 7.  Subsection (4), paragraph (c) of subsection (5)

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of section 370.061, Florida Statutes, are amended to read:

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     370.061  Confiscation, seizure, and forfeiture of property

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and products.--

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     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property

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forfeited under this section may be destroyed, used by the

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commission, disposed of by gift to charitable or state

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institutions, or sold, with the proceeds derived from the sale

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deposited into the Marine Resources Conservation Trust Fund to be

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used for law enforcement purposes, 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.

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     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;

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PROCEDURE.--

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     (c)  In the event of acquittal, the proceeds of a sale or

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the bond or cash deposit required by this subsection shall be

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returned to the defendant. In the event of a conviction, the

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proceeds of a sale or the bond or cash deposit required by this

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subsection shall be deposited into the Marine Resources

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Conservation Trust Fund to be used for law enforcement purposes

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or into the commission's Federal Law Enforcement Trust Fund as

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provided in s. 372.107, as applicable. Such deposit into the

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Marine Resources Conservation Trust Fund or the Federal Law

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Enforcement Trust Fund shall constitute confiscation.     

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(renumber subsequent sections)

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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 9

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and insert:

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An act relating to fish and wildlife; amending s. 253.03,

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F.S.; requiring the Board of Trustees to provide for the

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establishment of seagrass mitigation banks for specified

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purposes; amending s. 253.034, F.S.; creating a monitoring

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team for the purposes of reviewing management plans of

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state-owned lands; providing review procedures; amending

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s. 253.04, F.S; relating to the protection of state lands;

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providing definitions; providing that it is a civil

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infraction to operate a vessel outside a marked channel in

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a manner that causes seagrass scarring; providing

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penalties; amending s. 259.037, F.S.; requiring state-

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owned land managing agencies report additional information

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to the Division of State Lands; amending s. 327.73, F.S.,

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relating to noncriminal infractions; establishing civil

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penalties for the destruction of seagrasses; amending ss.

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370.021 and 370.061, F.S., conforming cross-references;

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amending s. 372.73, F.S., relating to the

4/30/2008  8:59:00 AM     EP.37.09188