| 1 | Representative Kendrick offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 50-98 and insert: |
| 5 | Section 1. Subsection (18) is added to section 253.03, |
| 6 | Florida Statutes, to read: |
| 7 | 253.03 Board of trustees to administer state lands; lands |
| 8 | enumerated.-- |
| 9 | (18) The Board of Trustees of the Internal Improvement |
| 10 | Trust Fund shall ensure the preservation and regeneration of |
| 11 | seagrass, as defined in s. 253.04(4)(b)2., by providing for the |
| 12 | establishment of seagrass mitigation banks, pursuant to s. |
| 13 | 373.4136, to offset the unavoidable impacts of projects where |
| 14 | such banks meet the applicable public interest test of chapters |
| 15 | 253 and 258. This subsection shall not prohibit mitigation for |
| 16 | impacts to seagrass or other habitats on sovereignty submerged |
| 17 | lands for other types of projects, or for projects occurring on |
| 18 | nonsovereign submerged lands, upon applicable approval of the |
| 19 | board of trustees. |
| 20 | Section 2. Subsections (4) through (7) of section 253.04, |
| 21 | Florida Statutes, are renumbered as subsections (5) through (8), |
| 22 | respectively, and a new subsection (4) is added to that section |
| 23 | to read: |
| 24 | 253.04 Duty of board to protect, etc., state lands; state |
| 25 | may join in any action brought.-- |
| 26 | (4)(a) The duty to conserve and improve state-owned lands |
| 27 | and the products thereof shall include the preservation and |
| 28 | regeneration of seagrass, which is deemed essential to the |
| 29 | oceans, gulfs, estuaries, and shorelines of the state. |
| 30 | (b) Any person operating a vessel outside a lawfully |
| 31 | marked channel in a careless manner that causes seagrass |
| 32 | scarring within an aquatic preserve established in ss. 258.39- |
| 33 | 258.399 with the exception of the Lake Jackson, Wekiva River, |
| 34 | and Rainbow River aquatic preserves, commits a civil infraction, |
| 35 | punishable as provided in s. 327.73. Each violation is a |
| 36 | separate offense. As used in this subsection, the term: |
| 37 | 1. "Seagrass scarring" means the destruction of roots, |
| 38 | shoots, or stems of seagrass plants that results in tracks on |
| 39 | the substrate caused by the operation of a motorized vessel in |
| 40 | waters supporting seagrasses, commonly known as prop-scars or |
| 41 | propeller scars. |
| 42 | 2. "Seagrasses" means Cuban shoal grass (Halodule |
| 43 | wrightii), turtle grass (Thalassia testudinum), manatee grass |
| 44 | (Syringodium filiforme), star grass (Halophila engelmannii), |
| 45 | paddle grass (Halophila decipiens), Johnson's seagrass |
| 46 | (Halophila johnsonii), or widgeon grass (Ruppia maritima). |
| 47 | (c) Any violation of this subsection is a violation of the |
| 48 | boating laws of this state and shall be charged on a uniform |
| 49 | boating citation as provided in s. 327.74. Any person who |
| 50 | refuses to post a bond or accept and sign a uniform boating |
| 51 | citation commits a misdemeanor of the second degree as provided |
| 52 | in s. 327.73(3), punishable as provided in s. 775.082 or s. |
| 53 | 775.083. |
| 54 | (d) All civil penalties imposed and collected pursuant to |
| 55 | this subsection shall be deposited into the Internal Improvement |
| 56 | Trust Fund and used solely to implement, administer, and enforce |
| 57 | this subsection; provide for seagrass restoration; conduct a |
| 58 | program to educate vessel operators about the need to protect |
| 59 | seagrasses from damage caused by the operation of vessels; and |
| 60 | fund the marking of seagrass. |
| 61 | (e) The board shall, by rule, provide for the selection of |
| 62 | private sector companies that use scientifically established |
| 63 | techniques utilizing containerized fine grain sediment to |
| 64 | stabilize seagrass scars and damage to seagrasses from boat |
| 65 | groundings and use proven methods to establish the |
| 66 | recolonization of seagrasses. Such restoration and |
| 67 | recolonization efforts shall be accomplished without cost to the |
| 68 | state. Mitigation credits shall be provided for efforts that |
| 69 | achieve successful restoration of damaged seagrass beds and |
| 70 | creation of new seagrass beds. Such credits shall be determined |
| 71 | by the uniform mitigation assessment methodology. The board |
| 72 | shall |
| 73 |
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| 74 | ----------------------------------------------------- |
| 75 | T I T L E A M E N D M E N T |
| 76 | Remove lines 3-20 and insert: |
| 77 |
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| 78 | life; amending s. 253.03, F.S.; requiring the Board of Trustees |
| 79 | of the Internal Improvement Trust Fund to provide for the |
| 80 | establishment of seagrass mitigation banks for specified |
| 81 | purposes; amending s. 253.04, F.S.; providing that careless |
| 82 | operation of a vessel outside a marked channel that causes |
| 83 | seagrass scarring within certain aquatic preserves is a civil |
| 84 | infraction; defining the terms "seagrass scarring" and |
| 85 | "seagrasses"; providing that refusal to post bond or sign a |
| 86 | boating citation is a second degree misdemeanor; providing |
| 87 | criminal penalties; requiring that civil penalties collected for |
| 88 | the careless operation of a vessel causing seagrass scarring be |
| 89 | deposited into the Internal Improvement Trust Fund and used for |
| 90 | specified purposes; requiring the board to adopt rules for the |
| 91 | stabilization of propeller scarring and boat groundings; |
| 92 | providing mitigation credits for restored and created |
| 93 | seagrasses; specifying a methodology for determining such |
| 94 | credits; requiring the board to conduct pilot projects in |
| 95 | certain |