1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete everything after the enacting clause

5

and insert:

6

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

7

Florida Statutes, to read:

8

     253.03  Board of trustees to administer state lands; lands

9

enumerated.--

10

     (18) The Board of Trustees of the Internal Improvement

11

Trust Fund may ensure the preservation and regeneration of

12

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

13

establishment of seagrass mitigation banks, pursuant to s.

14

373.4136, to offset the unavoidable impacts of projects where

15

such banks meet the applicable public interest test of chapters

16

253 and 258. This subsection shall not prohibit mitigation for

17

impacts to seagrass or other habitats on sovereignty submerged

18

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

19

nonsovereign submerged lands, upon applicable approval of the

20

board of trustees.

21

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

22

section 253.034, Florida Statutes, to read:

23

     253.034  State-owned lands; uses.--

24

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

25

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

26

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

27

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

28

conservation lands shall also update a land management plan

29

whenever the manager proposes to add new facilities or make

30

substantive land use or management changes that were not

31

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

32

of significant new lands. Each manager of nonconservation lands

33

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

34

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

35

the board. The division shall review each plan for compliance

36

with the requirements of this subsection and the requirements of

37

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

38

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

39

properties, shall include an analysis of the property to

40

determine if any significant natural or cultural resources are

41

located on the property. Such resources include archaeological

42

and historic sites, state and federally listed plant and animal

43

species, and imperiled natural communities and unique natural

44

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

45

shall consult with the Division of State Lands and other

46

appropriate agencies to develop management strategies to protect

47

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

48

of invasive nonnative plants and conservation of soil and water

49

resources, including a description of how the manager plans to

50

control and prevent soil erosion and soil or water contamination.

51

Land use plans submitted by a manager shall include reference to

52

appropriate statutory authority for such use or uses and shall

53

conform to the appropriate policies and guidelines of the state

54

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

55

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

56

the property, which analysis shall include the potential of the

57

property to generate revenues to enhance the management of the

58

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

59

potential use of private land managers to facilitate the

60

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

61

newly acquired property has a valid conservation plan that was

62

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

63

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

64

plan is completed.

65

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

66

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

67

monitored for land management activities by a monitoring team.

68

The Division of State Lands shall coordinate the activities of

69

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

70

member shall be selected by the Executive Director of the Fish

71

and Wildlife Conservation Commission or a designee, and shall

72

have experience with applied habitat management. One member shall

73

be selected by the Secretary of the Department of Environmental

74

Protection or a designee, and shall have experience with public

75

recreation or use administration. One member shall be selected by

76

the Commissioner of Agriculture or a designee, and shall have

77

experience with applied land management. The Division of State

78

Lands shall provide the monitoring team with the operational

79

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

80

shall prepare a monitoring report that assesses the progress

81

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

82

as identified in the operational report, and shall propose

83

corrective actions for identified deficiencies in management

84

activities. The monitoring report shall be submitted to the

85

Acquisition and Restoration Council and the managing agency. The

86

Acquisition and Restoration Council shall review the monitoring

87

report and determine whether the deficiencies warrant a

88

corrective action plan or revisions to the management plan.

89

Significant and recurring deficiencies shall be brought to the

90

Board of Trustees, which shall determine whether the corrective

91

actions being proposed by the land manager and the Acquisition

92

and Restoration Council sufficiently address the deficiencies.

93

Corrective action plans shall be prepared and submitted in the

94

same manner as land management plans.

95

     Section 3.  Subsection (4) of section 253.04, Florida

96

Statutes, is amended to read:

97

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

98

may join in any action brought.--

99

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

100

knowingly refuses to comply with or willfully violates any of the

101

provisions of this chapter so that such person causes damage to

102

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

103

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

104

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

105

damage is indivisible, each violator is jointly and severally

106

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

107

may be attributed to a particular violator or violators, each

108

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

109

attributable to his or her violation.

110

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

111

the products thereof shall include the preservation and

112

regeneration of seagrass, which is deemed essential to the

113

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

114

person operating a vessel outside a lawfully marked channel in a

115

careless manner that causes seagrass scarring within an aquatic

116

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

117

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

118

Springs aquatic preserves, commits a civil infraction, punishable

119

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

120

As used in this subsection, the term:

121

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

122

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

123

by the operation of a motorized vessel in waters supporting

124

seagrasses, commonly referred to as prop-scars or propeller

125

scars.

126

     2. "Seagrasses" means Cuban shoal grass (Halodule wrightii),

127

turtle grass (Thalassia testudinum), manatee grass (Syringodium

128

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

129

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

130

widgeon grass (Ruppia maritima).

131

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

132

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

133

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

134

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

135

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

136

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

137

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

138

Florida Statutes, to read:

139

     259.037  Land Management Uniform Accounting Council.--

140

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

141

each reporting agency shall also submit an operational report for

142

each management area along with an approved management plan. The

143

report should assess the progress toward achieving short-term and

144

long-term management goals of the approved management plan,

145

including all land management activities, and identify any

146

deficiencies in management and corrective actions to address

147

identified deficiencies as appropriate. This report shall be

148

submitted to the Division of State Lands for inclusion in its

149

annual report required pursuant to s. 259.036.

150

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

151

327.73, Florida Statutes, is created to read:

152

     327.73  Noncriminal infractions.--

153

     (1)  Violations of the following provisions of the vessel

154

laws of this state are noncriminal infractions:

155

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

156

seagrass scarring, for which the civil penalty is:

157

     1. Fifty dollars upon conviction for a first offense.

158

     2. Two hundred and fifty dollars upon conviction for a

159

second offense occurring within 12 months after a prior

160

conviction.

161

     3. Five hundred dollars upon conviction for a third offense

162

occurring within 36 months after a prior conviction.

163

     4. One thousand dollars upon conviction for a fourth or

164

subsequent offense.

165

166

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

167

deemed to be charged with a noncriminal infraction, shall be

168

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

169

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

170

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

171

fails to appear or otherwise properly respond to a uniform

172

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

173

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

174

offense of failing to respond to such citation and, upon

175

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

176

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

177

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

178

boating citation is issued.

179

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

180

370.021, Florida Statutes, is amended to read:

181

     370.021  Administration; rules, publications, records;

182

penalties; injunctions.--

183

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

184

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

185

additional penalties against any commercial harvester convicted

186

of major violations as follows:

187

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

188

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

189

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

190

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

191

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

192

or more individual specimens of marine life species, or any

193

combination of violations in any 3-year period involving more

194

than 70 such specimens in the aggregate, the suspension or

195

revocation of the licenseholder's marine life endorsement as

196

provided in paragraph (h).

197

198

The penalty provisions of this subsection apply to commercial

199

harvesters and wholesale and retail dealers as defined in s.

200

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

201

subsection commits a Level Three violation under s. 372.83.

202

Notwithstanding the provisions of s. 948.01, no court may

203

suspend, defer, or withhold adjudication of guilt or imposition

204

of sentence for any major violation prescribed in this

205

subsection. The proceeds from the penalties assessed pursuant to

206

this subsection shall be deposited into the Marine Resources

207

Conservation Trust Fund to be used for marine fisheries research

208

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

209

provided in s. 372.107, as applicable.

210

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

211

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

212

     370.061  Confiscation, seizure, and forfeiture of property

213

and products.--

214

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

215

forfeited under this section may be destroyed, used by the

216

commission, disposed of by gift to charitable or state

217

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

218

deposited into the Marine Resources Conservation Trust Fund to be

219

used for law enforcement purposes, or into the commission's

220

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

221

applicable.

222

     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER PRODUCTS;

223

PROCEDURE.--

224

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

225

the bond or cash deposit required by this subsection shall be

226

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

227

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

228

subsection shall be deposited into the Marine Resources

229

Conservation Trust Fund to be used for law enforcement purposes

230

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

231

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

232

Marine Resources Conservation Trust Fund or the Federal Law

233

Enforcement Trust Fund shall constitute confiscation.     

234

     Section 8.  Section 372.73, Florida Statutes, is amended to

235

read:

236

     372.73  Confiscation and disposition of illegally taken

237

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

238

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

239

fish seized under the authority of this chapter, any other

240

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

241

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

242

so orders, be forfeited to the investigating law enforcement

243

agency. The law enforcement agency may elect to retain the

244

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

245

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

246

government for official use; donate it to a charitable

247

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

248

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

249

saltwater fish if none of the other options are practicable or if

250

the wildlife, freshwater fish, or saltwater fish is unwholesome

251

or otherwise not of appreciable value. All live wildlife,

252

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

253

unlawful, shall be properly documented as evidence as provided in

254

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

255

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

256

commission. Any unclaimed wildlife, freshwater fish, or saltwater

257

fish shall be retained by the investigating law enforcement

258

agency and disposed of in accordance with the above provisions

259

and given to some hospital or charitable institution and receipt

260

therefor sent to the Fish and Wildlife Conservation Commission.

261

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

262

the authority of this chapter shall, upon conviction of the

263

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

264

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

265

of the State Game Trust Fund or into the commission's Federal Law

266

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

267

If any such hides or furs are seized and the offender is unknown,

268

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

269

Wildlife Conservation Commission, which shall sell such hides and

270

furs.

271

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

272

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

273

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

274

State Game Trust Fund or the Marine Resources Conservation Trust

275

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

276

provided in s. 372.107, as applicable.

277

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

278

that enforces or assists the commission in enforcing the

279

provisions of this chapter, which results in a forfeiture of

280

property as provided in this section, shall be entitled to

281

receive all or a share of any property based upon its

282

participation in such enforcement.

283

     Section 9.  Section 372.731, Florida Statutes, is created to

284

read:

285

     372.731 Photographs of illegally taken wildlife, freshwater

286

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

287

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

288

photograph of the illegally taken wildlife, freshwater fish, or

289

saltwater fish may be deemed competent evidence of such property

290

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

291

such wildlife, freshwater fish, or saltwater fish were introduced

292

as evidence. Such photograph shall bear a written description of

293

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

294

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

295

where the alleged wrongful taking occurred, the name of the

296

investigating law enforcement officer, the date the photograph

297

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

298

be made under oath by the investigating law enforcement officer,

299

and the photograph shall be identified by the signature of the

300

photographer.

301

     Section 10.  Subsection (5) of section 372.9901, Florida

302

Statutes, is amended to read:

303

     372.9901  Seizure of illegal hunting devices; disposition;

304

notice; forfeiture.--In order to protect the state's wildlife

305

resources, any vehicle, vessel, animal, gun, light, or other

306

hunting device used or attempted to be used in connection with,

307

as an instrumentality of, or in aiding and abetting in the

308

commission of an offense prohibited by s. 372.99 is subject to

309

seizure and forfeiture. The provisions of chapter 932 do not

310

apply to any seizure or forfeiture under this section. For

311

purposes of this section, a conviction is any disposition other

312

than acquittal or dismissal.

313

     (5)  All amounts received from the sale or other disposition

314

of the property shall be paid into the State Game Trust Fund or

315

into the commission's Federal Law Enforcement Trust Fund as

316

provided in s. 372.107, as applicable. If the property is not

317

sold or converted, it shall be delivered to the executive

318

director of the commission.

319

     Section 11.  Subsection (3) of section 372.9904, Florida

320

Statutes, is amended to read:

321

     372.9904  Seizure of illegal transportation devices;

322

disposition; appraisal; forfeiture.--

323

     (3)  Upon conviction of the violator, the property, if owned

324

by the person convicted, shall be forfeited to the state under

325

the procedure set forth in ss. 370.061 and 370.07, when not

326

inconsistent with this section. All amounts received from the

327

sale or other disposition of the property shall be paid into the

328

State Game Trust Fund or into the commission's Federal Law

329

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

330

If the property is not sold or converted, it shall be delivered

331

to the director of the Fish and Wildlife Conservation Commission.

332

     Section 12.  Paragraph (e) of subsection (6) of section

333

932.7055, Florida Statutes, is amended to read:

334

     932.7055  Disposition of liens and forfeited property.--

335

     (6)  If the seizing agency is a state agency, all remaining

336

proceeds shall be deposited into the General Revenue Fund.

337

However, if the seizing agency is:

338

     (e)  The Fish and Wildlife Conservation Commission, the

339

proceeds accrued pursuant to the provisions of the Florida

340

Contraband Forfeiture Act shall be deposited into the State Game

341

Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,

342

into the Marine Resources Conservation Trust Fund as provided in

343

s. 370.061, or into the commission's Federal Law Enforcement

344

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

345

     Section 13.  Subsection (1) of section 253.002, Florida

346

Statutes, is amended to read:

347

     253.002  Department of Environmental Protection, water

348

management districts, and Department of Agriculture and Consumer

349

Services; duties with respect to state lands.--

350

     (1)  The Department of Environmental Protection shall

351

perform all staff duties and functions related to the

352

acquisition, administration, and disposition of state lands,

353

title to which is or will be vested in the Board of Trustees of

354

the Internal Improvement Trust Fund. However, upon the effective

355

date of rules adopted pursuant to s. 373.427, a water management

356

district created under s. 373.069 shall perform the staff duties

357

and functions related to the review of any application for

358

authorization to use board of trustees-owned submerged lands

359

necessary for an activity regulated under part IV of chapter 373

360

for which the water management district has permitting

361

responsibility as set forth in an operating agreement adopted

362

pursuant to s. 373.046(4); and the Department of Agriculture and

363

Consumer Services shall perform the staff duties and functions

364

related to the review of applications and compliance with

365

conditions for use of board of trustees-owned submerged lands

366

under authorizations or leases issued pursuant to ss. 253.67-

367

253.75 and 597.010. Unless expressly prohibited by law, the board

368

of trustees may delegate to the department any statutory duty or

369

obligation relating to the acquisition, administration, or

370

disposition of lands, title to which is or will be vested in the

371

board of trustees. The board of trustees may also delegate to any

372

water management district created under s. 373.069 the authority

373

to take final agency action, without any action on behalf of the

374

board, on applications for authorization to use board of

375

trustees-owned submerged lands for any activity regulated under

376

part IV of chapter 373 for which the water management district

377

has permitting responsibility as set forth in an operating

378

agreement adopted pursuant to s. 373.046(4). This water

379

management district responsibility under this subsection shall be

380

subject to the department's general supervisory authority

381

pursuant to s. 373.026(7). The board of trustees may also

382

delegate to the Department of Agriculture and Consumer Services

383

the authority to take final agency action on behalf of the board

384

on applications to use board of trustees-owned submerged lands

385

for any activity for which that department has responsibility

386

pursuant to ss. 253.67-253.75 and 597.010. However, the board of

387

trustees shall retain the authority to take final agency action

388

on establishing any areas for leasing, new leases, expanding

389

existing lease areas, or changing the type of lease activity in

390

existing leases. Upon issuance of an aquaculture lease or other

391

real property transaction relating to aquaculture, the Department

392

of Agriculture and Consumer Services must send a copy of the

393

document and the accompanying survey to the Department of

394

Environmental Protection. Unless otherwise expressly superseded,

395

the board of trustees may also delegate to the Fish and Wildlife

396

Conservation Commission the authority to take final agency

397

action, without any action on behalf of the board, on

398

applications for authorization to use board of trustees-owned

399

submerged lands for any activity regulated under ss. 369.20 and

400

369.22. The amendments to section 253.002, Florida Statutes, in

401

this act prevail over any conflicting amendments to that section

402

contained in SB 1294 and enacted during the 2008 Regular Session.

403

     Section 14. (1) Except as otherwise provided in subsection

404

(2), all of the powers, duties, functions, records, personnel,

405

and property; unexpended balances of appropriations, allocations,

406

and other funds; administrative authority; administrative rules;

407

pending issues; and existing contracts of the Bureau of Invasive

408

Plant Management in the Department of Environmental Protection

409

are transferred by a type two transfer, pursuant to s. 20.06(2),

410

Florida Statutes, to the Fish and Wildlife Conservation

411

Commission.

412

     (2) The statutory powers, duties, and functions of the

413

Bureau of Invasive Plant Management in the Department of

414

Environmental Protection under ss. 369.25 and 369.251, Florida

415

Statutes, are transferred to the Department of Agriculture and

416

Consumer Services.

417

     Section 15. Section 327.803, Florida Statutes, is repealed.

418

     Section 16. Section 372.107, Florida Statutes, is repealed.

419

     Section 17.  This act shall take effect July 1, 2008.

420

421

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

422

And the title is amended as follows:

423

     Delete everything before the enacting clause

424

and insert:

425

A bill to be entitled

426

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

427

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

428

establishment of seagrass mitigation banks for specific

429

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

430

team for the purposes of reviewing management plans of

431

state-owned lands; providing review procedures; amending

432

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

433

providing definitions; providing that it is a civil

434

infraction to operate a vessel outside a marked channel in

435

a manner that causes seagrass scarring; providing

436

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

437

owned land managing agencies report additional information

438

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

439

relating to noncriminal infractions; establishing civil

440

penalties for the destruction of seagrasses; amending ss.

441

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

442

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

443

illegally taken wildlife; providing for the disposition of

444

such wildlife; providing for the documentation of

445

illegally taken wildlife; creating s. 372.731, F.S.,

446

relating to photographs of illegally taken wildlife;

447

providing for the admission of photographs as evidentiary

448

materials; providing conditions under which such

449

photographs shall be taken; amending ss. 372.9901,

450

372.9904, and 932.7055, F.S., conforming cross-references;

451

repealing ss. 327.803 and 372.107, F.S.; amends s.

452

253.002, F.S.; providing for a type two transfer of the

453

Bureau of Invasive Plant Management to the Fish and

454

Wildlife Conservation Commission; providing an effective

455

date.

4/30/2008  11:36:00 AM     EP.37.09226