Amendment
Bill No. CS/HB 7059
Amendment No. 808903
CHAMBER ACTION
Senate House
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1Representative Kendrick offered the following:
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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,
6Florida Statutes, to read:
7     253.03  Board of trustees to administer state lands; lands
8enumerated.--
9     (18)  The Board of Trustees of the Internal Improvement
10Trust Fund shall ensure the preservation and regeneration of
11seagrass, as defined in s. 253.04(4)(b)2., by providing for the
12establishment of seagrass mitigation banks, pursuant to s.
13373.4136, to offset the unavoidable impacts of projects where
14such banks meet the applicable public interest test of chapters
15253 and 258. This subsection shall not prohibit mitigation for
16impacts to seagrass or other habitats on sovereignty submerged
17lands for other types of projects, or for projects occurring on
18nonsovereign submerged lands, upon applicable approval of the
19board of trustees.
20     Section 2.  Subsections (4) through (7) of section 253.04,
21Florida Statutes, are renumbered as subsections (5) through (8),
22respectively, and a new subsection (4) is added to that section
23to read:
24     253.04  Duty of board to protect, etc., state lands; state
25may join in any action brought.--
26     (4)(a)  The duty to conserve and improve state-owned lands
27and the products thereof shall include the preservation and
28regeneration of seagrass, which is deemed essential to the
29oceans, gulfs, estuaries, and shorelines of the state.
30     (b)  Any person operating a vessel outside a lawfully
31marked channel in a careless manner that causes seagrass
32scarring within an aquatic preserve established in ss. 258.39-
33258.399 with the exception of the Lake Jackson, Wekiva River,
34and Rainbow River aquatic preserves, commits a civil infraction,
35punishable as provided in s. 327.73. Each violation is a
36separate offense. As used in this subsection, the term:
37     1.  "Seagrass scarring" means the destruction of roots,
38shoots, or stems of seagrass plants that results in tracks on
39the substrate caused by the operation of a motorized vessel in
40waters supporting seagrasses, commonly known as prop-scars or
41propeller scars.
42     2.  "Seagrasses" means Cuban shoal grass (Halodule
43wrightii), turtle grass (Thalassia testudinum), manatee grass
44(Syringodium filiforme), star grass (Halophila engelmannii),
45paddle 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
48boating laws of this state and shall be charged on a uniform
49boating citation as provided in s. 327.74. Any person who
50refuses to post a bond or accept and sign a uniform boating
51citation commits a misdemeanor of the second degree as provided
52in s. 327.73(3), punishable as provided in s. 775.082 or s.
53775.083.
54     (d)  All civil penalties imposed and collected pursuant to
55this subsection shall be deposited into the Internal Improvement
56Trust Fund and used solely to implement, administer, and enforce
57this subsection; provide for seagrass restoration; conduct a
58program to educate vessel operators about the need to protect
59seagrasses from damage caused by the operation of vessels; and
60fund the marking of seagrass.
61     (e)  The board shall, by rule, provide for the selection of
62private sector companies that use scientifically established
63techniques utilizing containerized fine grain sediment to
64stabilize seagrass scars and damage to seagrasses from boat
65groundings and use proven methods to establish the
66recolonization of seagrasses. Such restoration and
67recolonization efforts shall be accomplished without cost to the
68state. Mitigation credits shall be provided for efforts that
69achieve successful restoration of damaged seagrass beds and
70creation of new seagrass beds. Such credits shall be determined
71by the uniform mitigation assessment methodology. The board
72shall
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T I T L E  A M E N D M E N T
76     Remove lines 3-20 and insert:
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78life; amending s. 253.03, F.S.; requiring the Board of Trustees
79of the Internal Improvement Trust Fund to provide for the
80establishment of seagrass mitigation banks for specified
81purposes; amending s. 253.04, F.S.; providing that careless
82operation of a vessel outside a marked channel that causes
83seagrass scarring within certain aquatic preserves is a civil
84infraction; defining the terms "seagrass scarring" and
85"seagrasses"; providing that refusal to post bond or sign a
86boating citation is a second degree misdemeanor; providing
87criminal penalties; requiring that civil penalties collected for
88the careless operation of a vessel causing seagrass scarring be
89deposited into the Internal Improvement Trust Fund and used for
90specified purposes; requiring the board to adopt rules for the
91stabilization of propeller scarring and boat groundings;
92providing mitigation credits for restored and created
93seagrasses; specifying a methodology for determining such
94credits; requiring the board to conduct pilot projects in
95certain


CODING: Words stricken are deletions; words underlined are additions.