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A bill to be entitled

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An act relating to the protection and restoration of

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seagrass beds; creating a pilot program for the

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restoration of seagrass beds within specified counties and

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related natural resources; providing definitions;

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providing legislative findings and purposes; requiring

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that damages recovered for injury to, and the destruction

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of, seagrass beds in certain counties and related natural

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resources be deposited into the Ecosystem Management and

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Restoration Trust Fund; requiring the Department of

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Environmental Protection to expend the funds for

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restoration, assessment, or rehabilitation of seagrass

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beds and natural resources; providing criteria governing

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such expenditures by the department; providing for

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auditing and reporting by a private recipient of funds;

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prohibiting any reduction of other appropriations to a

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state agency that receives funds under the act; requiring

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that the department report to the Legislature whether the

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pilot program should be expanded; authorizing rulemaking

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by the department; amending s. 253.04, F.S.; providing

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that careless operation of a vessel outside a marked

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channel which causes propeller scarring in an acquatic

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preserve is a civil infraction; defining the terms

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"propeller scarring" and "seagrasses"; providing that

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refusal to post bond or sign a boating citation is a

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second-degree misdemeanor; requiring that civil penalties

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collected for the careless operation of a vessel be

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deposited into the Internal Improvement Trust Fund and

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used for specified purposes; amending s. 327.73, F.S.;

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providing civil penalties; requiring the Office of Program

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Policy Analysis and Government Accountability to evaluate

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the recreational marine industry and report to the

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Legislature; amending s. 327.803, F.S.; increasing the

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number of members of the Boating Advisory Council; adding

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a representative of the recreational airboating community;

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amending s. 403.1651, F.S., relating to the Ecosystem

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Management and Restoration Trust Fund; conforming

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provisions to changes made by the act; providing effective

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dates.

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

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     Section 1. Pilot program for the restoration of seagrass

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beds.--

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     (1) As used in this section, the term:

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     (a) "Damages" means money damages paid by any person,

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whether voluntarily or as a result of administrative or judicial

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action, to the state as compensation, restitution, or punitive

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damages for causing injury to or the destruction of the seagrass

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beds of Brevard County, Lee County, Manatee County, Monroe

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County, or Pinellas County or the natural resources that depend

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on the health and productivity of those seagrass beds.

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     (b) "Fund" means the Ecosystem Management and Restoration

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Trust Fund.

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     (c) "Natural resources" means land, air, water, ground

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water, drinking water supplies, fish and their habitats, wildlife

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and their habitats, biota, and other such resources belonging to,

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managed by, held in trust by, appertaining to, or otherwise

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controlled by the state.

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     (d) "Seagrass bed" means a community of flowering

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underwater plants which is located in shallow marine waters, such

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as in a bay or lagoon, or along the continental shelf in the Gulf

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of Mexico.

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     (2) The Legislature finds that:

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     (a) The preservation of seagrass beds is critical to

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protecting the marine life, water quality, and ocean-based

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economy of this state. Seagrass beds maintain water quality and

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provide food, habitat, and nursery areas for numerous species of

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marine life. This state's multimillion-dollar fishing and diving

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industries depend on the health and productivity of the seagrass

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beds. Estimates indicate that thousands of acres of seagrass beds

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in this state have been scarred from boat propellers. Impacts

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from boat groundings fragment the grass bed, restricting the

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movement of the marine life that depends upon the habitat.

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Seagrass beds can take up to a decade to recover from propeller

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scars.

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     (b) Seagrass beds and the natural resources that depend on

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the health and productivity of seagrass beds are subject to

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instantaneous injury or loss from a variety of negligent and

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willful acts in ways that cannot be foreseen and provided for in

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the normal budget process. Due to the unforseeability of such

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incidents, funds have not been available for reimbursement of

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extraordinary expenses incurred by the Department of

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Environmental Protection in seeking compensation, on behalf of

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the residents of the state, for the injury to or destruction of

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these natural resources. As a result, a significant amount of

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monetary damages recovered by the state for injury to or

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destruction of its seagrass beds and the natural resources that

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depend on the health and productivity of seagrass beds are

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deposited into the general accounts of the State Treasury and are

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not specifically set aside for the restoration or rehabilitation

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of the injured or destroyed natural resources in areas of the

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state where the injury or loss occurred.

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     (3) The purpose of this section is to establish a pilot

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program that provides for the immediate stabilization and

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restoration of seagrass beds in Brevard, Lee, Manatee, Monroe,

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and Pinellas Counties where damage has occurred and to remediate

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the injury to or destruction of natural resources that are

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dependent upon the health and productivity of those seagrass

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beds.

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     (4)(a) All damages recovered by or on behalf of the state

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for injury to or destruction of the seagrass beds in Brevard,

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Lee, Manatee, Monroe, and Pinellas Counties, or the natural

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resources that depend on the health and productivity of those

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seagrass beds which would otherwise be deposited into the general

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revenue accounts of the State Treasury or into the Internal

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Improvement Trust Fund shall be deposited into the Ecosystem

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Management and Restoration Trust Fund and shall remain in that

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fund until expended by the Department of Environmental Protection

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under the pilot program established in this section.

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     (b) Moneys in the fund shall be expended only for

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restoration, assessment, or rehabilitation of such injured or

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destroyed seagrass beds and natural resources through a contract

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with a qualified person. In order to prevent further erosion,

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turbidity, and potential loss of natural resources, each contract

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must require assessment and stabilization of the seagrass bed

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within 30 days after an incident that damages the seagrass bed

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occurs, must use a stabilization protocol following the

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guidelines in the Final Programmatic Environmental Impact

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Statement for Seagrass Restoration in the Florida Keys National

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Marine Sanctuary, and must use only those stabilization

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techniques that are scientifically proven and published in peer-

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reviewed literature.

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     (5)(a) Each recipient of disbursements from the fund must

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agree in advance that its accounts and records of expenditures of

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such moneys are subject to audit at any time by appropriate state

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officials and shall submit a final written report describing its

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expenditures within 90 days after the moneys are expended.

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     (b) When payments are made to a state agency from the fund

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under paragraph (4)(a), such payments shall be considered as

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payments for extraordinary expenses, and other appropriations to

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that agency may not be reduced by any amount as a result of such

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payments.

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     (6) The Department of Environmental Protection shall

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evaluate the pilot program and report to the President of the

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Senate and the Speaker of the House of Representatives on whether

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the pilot program should be expanded in order to restore

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additional areas of the state's seagrass beds and natural

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resources. The report on the pilot program is due by January 1,

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2010.

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     (7) The Department of Environmental Protection may adopt

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rules under ss. 120.536(1) and 120.54, Florida Statutes, to

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administer this section.

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     Section 2.  Effective October 1, 2008, present subsections

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(4), (5), (6), and (7) of section 253.04, Florida Statutes, are

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redesignated as subsections (5), (6), (7), and (8), respectively,

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and a new subsection (4) is added to that section, 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)(a) Any person operating a vessel outside a lawfully

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marked channel in a careless manner that causes propeller

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scarring within an acquatic preserve commits a civil infraction,

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

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offense. As used in this subsection, the term:

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     1. "Propeller scarring" means damage caused by the

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operation of a vessel in waters supporting seagrasses, resulting

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in the destruction of roots, shoots, or stems of seagrass plants,

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which causes denuding of vegetation in tracks of sediment

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commonly referred to as prop-scars or propeller 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), Johnson's 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 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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     (c) All civil penalties imposed and collected pursuant to

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this subsection shall be deposited into the Internal Improvement

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Trust Fund and used solely to implement, administer, and enforce

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this subsection; provide for seagrass restoration; and conduct a

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program to educate vessel operators about the need to protect

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seagrasses from damage caused by the operation of vessels.

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     Section 3.  Effective October 1, 2008, paragraph (x) is

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added to subsection (1) of section 327.73, Florida Statutes, and

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subsection (8) of that section is amended, 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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propeller scarring in an acquatic preserve, for which the civil

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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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     (8) Except as otherwise provided in s. 253.04(4)(c), all

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fees and civil penalties assessed and collected pursuant to this

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

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Department of Revenue to be deposited into the Marine Resources

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Conservation Trust Fund for boating safety education purposes.

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     Section 4. The Office of Program Policy Analysis and

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Government Accountability shall evaluate the recreational marine

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industry in this state and report its findings to the Legislature

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by January 1, 2009. The evaluation must:

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     (1) Include a review of the incentives that are currently

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available to retain or expand businesses associated with

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recreational marine industry in this state and a comparison of

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such incentives to incentives available to retain or expand such

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businesses in states having a notable recreational marine-

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industry presence, including North Carolina, Maryland, and

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Washington.

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     (2) Examine how many recreational marine-industry

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businesses have left this state and relocated out of state and

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identify potential policies to retain and expand recreational

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marine businesses in this state.

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     (3) Examine the economic effects of the recreational marine

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industry in total dollars and jobs and review efforts related to

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workforce retention and attraction, slip shortages, ramp

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accessibility and shortages, and the significance of boaters who

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are residents in comparison to boaters who are transients.

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     Section 5.  Subsection (1) of section 327.803, Florida

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Statutes, is amended to read:

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     327.803  Boating Advisory Council.--

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     (1)  The Boating Advisory Council is created within the Fish

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and Wildlife Conservation Commission and shall be composed of 19

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18 members. The members include:

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     (a)  One representative from the Fish and Wildlife

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Conservation Commission, who shall serve as the chair of the

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council.

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     (b)  One representative each from the Department of

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Environmental Protection, the United States Coast Guard

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Auxiliary, the United States Power Squadron, and the inland

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navigation districts.

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     (c)  One representative of manatee protection interests, one

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representative of the marine industries, one representative of

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water-related environmental groups, one representative of canoe

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or kayak enthusiasts, one representative of marine manufacturers,

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one representative of commercial vessel owners or operators, one

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representative of marine special events, one representative

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actively involved and working full-time in the scuba diving

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industry who has experience in recreational boating, one

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representative of either the commercial fishing industry or the

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commercial shellfishing industry, one representative of the

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recreational airboating community, and two representatives of the

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boating public, each of whom shall be nominated by the executive

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director of the Fish and Wildlife Conservation Commission and

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appointed by the Governor to serve staggered 3-year terms.

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Members appointed by the Governor may serve no more than two full

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consecutive terms.

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     (d)  One member of the House of Representatives, who shall

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be appointed by the Speaker of the House of Representatives.

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     (e)  One member of the Senate, who shall be appointed by the

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President of the Senate.

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     Section 6.  Paragraph (f) is added to subsection (1) of

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section 403.1651, Florida Statutes, and paragraph (b) of

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subsection (2) of that section is amended, to read:

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     403.1651  Ecosystem Management and Restoration Trust Fund.--

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     (1)  There is created the Ecosystem Management and

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Restoration Trust Fund to be administered by the Department of

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Environmental Protection for the purposes of:

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     (f) Funding the expenditures authorized under section 1 of

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this act.

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     (2)  The trust fund shall be used for the deposit of all

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moneys recovered by the state:

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     (b) For injury to or destruction of coral reefs, sea grass

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beds, or natural resources under section 1 of this act and s.

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380.0558, which moneys would otherwise be deposited into the

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General Revenue Fund or the Internal Improvement Trust Fund.

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     Section 7.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008.