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A bill to be entitled

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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 state lands; providing

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definitions; providing that it is a civil infraction to

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operate a vessel outside a marked channel in a manner that

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causes seagrass scarring; providing penalties; amending s.

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327.73, F.S., relating to noncriminal infractions;

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establishing civil penalties for the destruction of

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

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disposition of illegally taken wildlife; providing for the

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disposition of such wildlife; providing for the

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documentation of illegally taken wildlife; creating s.

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372.731, F.S., relating to photographs of illegally taken

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wildlife; providing for the admission of photographs as

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evidentiary materials; providing conditions under which

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such photographs shall be taken; providing an effective

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date.

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

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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 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) Any person operating a vessel outside a lawfully marked

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channel in a careless manner that causes seagrass scarring within

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an aquatic preserve established in s. 258.39, except for the Lake

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Jackson, Wekiva River, and Rainbow Springs aquatic preserves, and

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ss. 258.391, 258.392, 258.3925, 258.393, 258.394, 258.395,

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258.396, and 258.397 commits a civil infraction, punishable as

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provided in s. 327.73. Each violation shall be a separate

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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 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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shall, as provided in s. 327.73(3), commits a misdemeanor of the

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second degree, punishable as provided in s. 775.082 or s.

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775.083.

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

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section 327.73, Florida Statutes, 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; and

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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 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 the

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

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so orders, be forfeited to the investigating law enforcement

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agency. The law enforcement agency may elect to retain the

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wildlife, freshwater fish, or saltwater fish for the agency's

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official use; transfer it to another unit of state or local

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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 if

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the wildlife, freshwater fish, or saltwater fish is unwholesome

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or otherwise not of appreciable value. All live wildlife,

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freshwater fish, and saltwater fish, the possession of which is

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unlawful, shall be properly documented as evidence as provided in

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s. 372.731, and returned to the habitat unharmed, except that

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nonnative species may be released only as allowed by rules of the

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commission. Any unclaimed wildlife, freshwater fish, or saltwater

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fish shall be retained by the investigating law enforcement

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agency and disposed of in accordance with the above provisions

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and given to some hospital or charitable institution and receipt

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therefor sent to the Fish and Wildlife 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 credit

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of the State Game Trust Fund or 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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If any such hides or furs are seized and the offender is unknown,

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the court shall order such hides or furs sent to the Fish and

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Wildlife Conservation Commission, which shall sell such hides and

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furs.

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

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of any such sale pursuant to this section shall be remitted to

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the Department of Revenue to be deposited to the credit of the

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State Game Trust Fund or the Marine Resources Conservation Trust

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Fund 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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(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 to

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read:

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     372.731 Photographs of illegally taken wildlife, freshwater

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fish, and saltwater fish.--In any prosecution for a violation of

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chapter 370, this chapter, or rules of the commission, a

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photograph of the illegally taken wildlife, freshwater fish, or

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saltwater fish may be deemed competent evidence of such property

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and may be admissible in the prosecution to the same extent as if

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such wildlife, freshwater fish, or saltwater fish were introduced

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as evidence. Such photograph shall bear a written description of

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the wildlife, freshwater fish, or saltwater fish alleged to have

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been illegally taken, the name of the violator, the location

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where the alleged wrongful taking occurred, the name of the

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investigating law enforcement officer, the date the photograph

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was taken, and the name of the photographer. Such writing shall

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be made under oath by the investigating law enforcement officer,

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and the photograph shall be identified by the signature of the

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photographer.

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