CS/HB 7059

1
A bill to be entitled
2An act relating to the protection of wild and aquatic
3life; amending s. 253.04, F.S.; providing that certain
4duties of the Board of Trustees of the Internal
5Improvement Trust Fund include the preservation and
6regeneration of seagrass; providing that careless
7operation of a vessel outside a marked channel that causes
8seagrass scarring within certain aquatic preserves is a
9civil infraction; defining the terms "seagrass scarring"
10and "seagrasses"; providing that refusal to post bond or
11sign a boating citation is a second degree misdemeanor;
12providing criminal penalties; requiring that civil
13penalties collected for the careless operation of a vessel
14causing seagrass scarring be deposited into the Internal
15Improvement Trust Fund and used for specified purposes;
16requiring the board to adopt rules for the stabilization
17of propeller scarring and boat groundings; providing
18mitigation credits for restored and created seagrasses;
19specifying a methodology for determining such credits;
20authorizing the board to conduct pilot projects in certain
21waters; amending s. 327.73, F.S.; providing civil
22penalties for seagrass scarring; amending s. 372.73, F.S.;
23providing for the forfeiture of illegally taken wildlife,
24freshwater fish, and saltwater fish to investigating law
25enforcement agencies; authorizing investigating law
26enforcement agencies to dispose of such wildlife,
27freshwater fish, and saltwater fish in a specified manner;
28requiring certain documentation; requiring the release of
29certain wildlife, freshwater fish, and saltwater fish to
30native habitats; providing for release of nonnative
31species by rule; revising provisions for the deposit of
32certain proceeds relating to the confiscation and
33disposition of illegally taken wildlife, freshwater fish,
34and saltwater fish; authorizing certain law enforcement
35agencies to receive specified portions of forfeited
36property; creating s. 372.731, F.S.; providing for
37photographs of illegally taken wildlife, freshwater fish,
38or saltwater fish to be admissible as evidence in the
39prosecution of certain violations; specifying requirements
40and procedures for such photographs; amending ss. 370.021,
41370.061, 372.9901, 372.9904, and 932.7055, F.S.;
42conforming cross-references; repealing s. 327.803, F.S.,
43relating to the Boating Advisory Council; repealing s.
44372.107, F.S., relating to the Federal Law Enforcement
45Trust Fund within the Fish and Wildlife Conservation
46Commission; providing an effective date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Subsections (4) through (7) of section 253.04,
51Florida Statutes, are renumbered as subsections (5) through (8),
52respectively, and a new subsection (4) is added to that section
53to read:
54     253.04  Duty of board to protect, etc., state lands; state
55may join in any action brought.--
56     (4)(a)  The duty to conserve and improve state-owned lands
57and the products thereof shall include the preservation and
58regeneration of seagrass, which is deemed essential to the
59oceans, gulfs, estuaries, and shorelines of the state.
60     (b)  Any person operating a vessel outside a lawfully
61marked channel in a careless manner that causes seagrass
62scarring within an aquatic preserve established in ss. 258.39-
63258.399 with the exception of the Lake Jackson, Wekiva River,
64and Rainbow River aquatic preserves, commits a civil infraction,
65punishable as provided in s. 327.73. Each violation is a
66separate offense. As used in this subsection, the term:
67     1.  "Seagrass scarring" means the destruction of roots,
68shoots, or stems of seagrass plants that results in tracks on
69the substrate caused by the operation of a motorized vessel in
70waters supporting seagrasses, commonly known as prop-scars or
71propeller scars.
72     2.  "Seagrasses" means Cuban shoal grass (Halodule
73wrightii), turtle grass (Thalassia testudinum), manatee grass
74(Syringodium filiforme), star grass (Halophila engelmannii),
75paddle grass (Halophila decipiens), Johnson's seagrass
76(Halophila johnsonii), or widgeon grass (Ruppia maritima).
77     (c)  Any violation of this subsection is a violation of the
78boating laws of this state and shall be charged on a uniform
79boating citation as provided in s. 327.74. Any person who
80refuses to post a bond or accept and sign a uniform boating
81citation commits a misdemeanor of the second degree as provided
82in s. 327.73(3), punishable as provided in s. 775.082 or s.
83775.083.
84     (d)  All civil penalties imposed and collected pursuant to
85this subsection shall be deposited into the Internal Improvement
86Trust Fund and used solely to implement, administer, and enforce
87this subsection; provide for seagrass restoration; conduct a
88program to educate vessel operators about the need to protect
89seagrasses from damage caused by the operation of vessels; and
90fund the marking of seagrass.
91     (e)  The board shall, by rule, provide for the selection of
92private sector companies with scientifically established
93techniques utilizing containerized fine grain sediment to
94stabilize propeller scars and boat groundings proven to
95establish, without cost to the state, the recolonization of
96seagrasses. Mitigation credits shall be provided for seagrasses
97actually restored and created. Such credits shall be determined
98by the uniform mitigation assessment methodology. The board may
99conduct pilot projects for the stabilization of propeller scars
100and boat groundings in outstanding Florida waters in compliance
101with this paragraph.
102     Section 2.  Paragraph (x) is added to subsection (1) of
103section 327.73, Florida Statutes, and subsection (8) of that
104section is amended, to read:
105     327.73  Noncriminal infractions.--
106     (1)  Violations of the following provisions of the vessel
107laws of this state are noncriminal infractions:
108     (x)  Section 253.04(4)(a), relating to carelessly causing
109seagrass scarring, for which the civil penalty is:
110     1.  Fifty dollars upon conviction for a first offense.
111     2.  Two hundred and fifty dollars upon conviction for a
112second offense occurring within 12 months after a prior
113conviction.
114     3.  Five hundred dollars upon conviction for a third
115offense occurring within 36 months after a prior conviction.
116     4.  One thousand dollars upon conviction for a fourth or
117subsequent offense.
118
119Any person cited for a violation of any such provision shall be
120deemed to be charged with a noncriminal infraction, shall be
121cited for such an infraction, and shall be cited to appear
122before the county court. The civil penalty for any such
123infraction is $50, except as otherwise provided in this section.
124Any person who fails to appear or otherwise properly respond to
125a uniform boating citation shall, in addition to the charge
126relating to the violation of the boating laws of this state, be
127charged with the offense of failing to respond to such citation
128and, upon conviction, be guilty of a misdemeanor of the second
129degree, punishable as provided in s. 775.082 or s. 775.083. A
130written warning to this effect shall be provided at the time
131such uniform boating citation is issued.
132     (8)  Except as otherwise provided by s. 253.04(4)(c), all
133fees and civil penalties assessed and collected pursuant to this
134section shall be remitted by the clerk of the court to the
135Department of Revenue to be deposited into the Marine Resources
136Conservation Trust Fund for boating safety education purposes.
137     Section 3.  Section 372.73, Florida Statutes, is amended to
138read:
139     372.73  Confiscation and disposition of illegally taken
140wildlife, freshwater fish, and saltwater fish game.--
141     (1)(a)  All wildlife, game and freshwater fish, and
142saltwater fish seized under the authority of this chapter, any
143other chapter, or rules of the commission shall, upon conviction
144of the offender or sooner in accordance with a court order if
145the court so orders, be forfeited to the investigating law
146enforcement agency. The law enforcement agency may elect to
147retain the wildlife, freshwater fish, or saltwater fish for the
148agency's official use; transfer the wildlife, freshwater fish,
149or saltwater fish to another unit of state or local government
150for official use; donate the wildlife, freshwater fish, or
151saltwater fish to a charitable organization; sell the wildlife,
152freshwater fish, or saltwater fish at a public sale, pursuant to
153the provisions of s. 705.103; or destroy the wildlife,
154freshwater fish, or saltwater fish if none of the other options
155are practicable or if the wildlife, freshwater fish, or
156saltwater fish is unwholesome or otherwise not of appreciable
157value.
158     (b)  All live wildlife, freshwater fish, or saltwater fish,
159the possession of which is unlawful, shall be properly
160documented as evidence under s. 372.731 and returned to the
161habitat unharmed, except that nonnative species may be released
162only as allowed by rules of the commission. Any unclaimed
163wildlife, freshwater fish, or saltwater fish shall be retained
164by the investigating law enforcement agency and disposed of in
165accordance with the provisions of this subsection and given to
166some hospital or charitable institution and receipt therefor
167sent to the Fish and Wildlife Conservation Commission.
168     (2)  All furs or hides or fur-bearing animals seized under
169the authority of this chapter shall, upon conviction of the
170offender, be forfeited and sent to the commission, which shall
171sell such hides and furs the same and deposit the proceeds of
172such sale to the credit of the State Game Trust Fund or into the
173commission's Federal Law Enforcement Trust Fund as provided in
174s. 372.107, as applicable. If any such hides or furs are seized
175and the offender is unknown, the court shall order such hides or
176furs sent to the Fish and Wildlife Conservation commission,
177which shall sell such hides and furs.
178     (3)  Except as otherwise provided in subsection (4), and
179deposit the proceeds of any such sale pursuant to this section
180shall be remitted to the Department of Revenue for deposit to
181the credit of the State Game Trust Fund or the Marine Resources
182Conservation Trust Fund into the commission's Federal Law
183Enforcement Trust Fund as provided in s. 372.107, as applicable.
184     (4)  Any state, municipal, or county law enforcement agency
185that enforces or assists the commission in enforcing the
186provisions of this chapter, which enforcement or assistance
187results in a forfeiture of property as provided in this section,
188shall be entitled to receive all or a share of any property
189based upon the agency's participation in such enforcement.
190     Section 4.  Section 372.731, Florida Statutes, is created
191to read:
192     372.731  Photographs of illegally taken wildlife,
193freshwater fish, and saltwater fish.--In any prosecution for a
194violation of this chapter, chapter 370, or rules of the
195commission, a photograph of the illegally taken wildlife,
196freshwater fish, or saltwater fish may be deemed competent
197evidence of such property and may be admissible in the
198prosecution to the same extent as if such wildlife, freshwater
199fish, or saltwater fish were introduced as evidence. Such
200photograph shall bear a written description of the wildlife,
201freshwater fish, or saltwater fish alleged to have been
202illegally taken, the name of the violator, the location where
203the alleged wrongful taking occurred, the name of the
204investigating law enforcement officer, the date the photograph
205was taken, and the name of the photographer. Such writing shall
206be made under oath by the investigating law enforcement officer,
207and the photograph shall be identified by the signature of the
208photographer.
209     Section 5.  Subsection (2) of section 370.021, Florida
210Statutes, is amended to read:
211     370.021  Administration; rules, publications, records;
212penalties; injunctions.--
213     (2)  MAJOR VIOLATIONS.--In addition to the penalties
214provided in paragraphs (1)(a) and (b), the court shall assess
215additional penalties against any commercial harvester convicted
216of major violations as follows:
217     (a)  For a violation involving more than 100 illegal blue
218crabs, spiny lobster, or stone crabs, an additional penalty of
219$10 for each illegal blue crab, spiny lobster, stone crab, or
220part thereof.
221     (b)  For a violation involving the taking or harvesting of
222shrimp from a nursery or other prohibited area, or any two
223violations within a 12-month period involving shrimping gear,
224minimum size (count), or season, an additional penalty of $10
225for each pound of illegal shrimp or part thereof.
226     (c)  For a violation involving the taking or harvesting of
227oysters from nonapproved areas or the taking or possession of
228unculled oysters, an additional penalty of $10 for each bushel
229of illegal oysters.
230     (d)  For a violation involving the taking or harvesting of
231clams from nonapproved areas, an additional penalty of $100 for
232each 500 count bag of illegal clams.
233     (e)  For a violation involving the taking, harvesting, or
234possession of any of the following species, which are
235endangered, threatened, or of special concern:
236     1.  Shortnose sturgeon (Acipenser brevirostrum);
237     2.  Atlantic sturgeon (Acipenser oxyrhynchus);
238     3.  Common snook (Centropomus undecimalis);
239     4.  Atlantic loggerhead turtle (Caretta caretta caretta);
240     5.  Atlantic green turtle (Chelonia mydas mydas);
241     6.  Leatherback turtle (Dermochelys coriacea);
242     7.  Atlantic hawksbill turtle (Eretmochelys imbricata
243imbracata);
244     8.  Atlantic ridley turtle (Lepidochelys kempi); or
245     9.  West Indian manatee (Trichechus manatus latirostris),
246
247an additional penalty of $100 for each unit of marine life or
248part thereof.
249     (f)  For a second or subsequent conviction within 24 months
250for any violation of the same law or rule involving the taking
251or harvesting of more than 100 pounds of any finfish, an
252additional penalty of $5 for each pound of illegal finfish.
253     (g)  For any violation involving the taking, harvesting, or
254possession of more than 1,000 pounds of any illegal finfish, an
255additional penalty equivalent to the wholesale value of the
256illegal finfish.
257     (h)  Permits issued to any commercial harvester by the
258commission to take or harvest saltwater products, or any license
259issued pursuant to s. 370.06 or s. 370.07 may be suspended or
260revoked by the commission, pursuant to the provisions and
261procedures of s. 120.60, for any major violation prescribed in
262this subsection:
263     1.  Upon a first conviction, for up to 30 calendar days.
264     2.  Upon a second conviction which occurs within 12 months
265after a prior violation, for up to 90 calendar days.
266     3.  Upon a third conviction which occurs within 24 months
267after a prior conviction, for up to 180 calendar days.
268     4.  Upon a fourth conviction which occurs within 36 months
269after a prior conviction, for a period of 6 months to 3 years.
270     (i)  Upon the arrest and conviction for a major violation
271involving stone crabs, the licenseholder must show just cause
272why his or her license should not be suspended or revoked. For
273the purposes of this paragraph, a "major violation" means a
274major violation as prescribed for illegal stone crabs; any
275single violation involving possession of more than 25 stone
276crabs during the closed season or possession of 25 or more
277whole-bodied or egg-bearing stone crabs; any violation for trap
278molestation, trap robbing, or pulling traps at night; or any
279combination of violations in any 3-consecutive-year period
280wherein more than 75 illegal stone crabs in the aggregate are
281involved.
282     (j)  Upon the arrest and conviction for a major violation
283involving spiny lobster, the licenseholder must show just cause
284why his or her license should not be suspended or revoked. For
285the purposes of this paragraph, a "major violation" means a
286major violation as prescribed for illegal spiny lobster; any
287single violation involving possession of more than 25 spiny
288lobster during the closed season or possession of more than 25
289wrung spiny lobster tails or more than 25 egg-bearing or
290stripped spiny lobster; any violation for trap molestation, trap
291robbing, or pulling traps at night; or any combination of
292violations in any 3-consecutive-year period wherein more than 75
293illegal spiny lobster in the aggregate are involved.
294     (k)  Upon the arrest and conviction for a major violation
295involving blue crabs, the licenseholder shall show just cause
296why his or her saltwater products license should not be
297suspended or revoked. This paragraph shall not apply to an
298individual fishing with no more than five traps. For the
299purposes of this paragraph, a "major violation" means a major
300violation as prescribed for illegal blue crabs, any single
301violation wherein 50 or more illegal blue crabs are involved;
302any violation for trap molestation, trap robbing, or pulling
303traps at night; or any combination of violations in any 3-
304consecutive-year period wherein more than 100 illegal blue crabs
305in the aggregate are involved.
306     (l)  Upon the conviction for a major violation involving
307finfish, the licenseholder must show just cause why his or her
308saltwater products license should not be suspended or revoked.
309For the purposes of this paragraph, a major violation is
310prescribed for the taking and harvesting of illegal finfish, any
311single violation involving the possession of more than 100
312pounds of illegal finfish, or any combination of violations in
313any 3-consecutive-year period wherein more than 200 pounds of
314illegal finfish in the aggregate are involved.
315     (m)  For a violation involving the taking or harvesting of
316any marine life species, as those species are defined by rule of
317the commission, the harvest of which is prohibited, or the
318taking or harvesting of such a species out of season, or with an
319illegal gear or chemical, or any violation involving the
320possession of 25 or more individual specimens of marine life
321species, or any combination of violations in any 3-year period
322involving more than 70 such specimens in the aggregate, the
323suspension or revocation of the licenseholder's marine life
324endorsement as provided in paragraph (h).
325
326The penalty provisions of this subsection apply to commercial
327harvesters and wholesale and retail dealers as defined in s.
328370.07. Any other person who commits a major violation under
329this subsection commits a Level Three violation under s. 372.83.
330Notwithstanding the provisions of s. 948.01, no court may
331suspend, defer, or withhold adjudication of guilt or imposition
332of sentence for any major violation prescribed in this
333subsection. The proceeds from the penalties assessed pursuant to
334this subsection shall be deposited into the Marine Resources
335Conservation Trust Fund to be used for marine fisheries research
336or into the commission's Federal Law Enforcement Trust Fund as
337provided in s. 372.107, as applicable.
338     Section 6.  Subsection (4) and paragraph (c) of subsection
339(5) of section 370.061, Florida Statutes, are amended to read:
340     370.061  Confiscation, seizure, and forfeiture of property
341and products.--
342     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
343forfeited under this section may be destroyed, used by the
344commission, disposed of by gift to charitable or state
345institutions, or sold, with the proceeds derived from the sale
346deposited into the Marine Resources Conservation Trust Fund to
347be used for law enforcement purposes, or into the commission's
348Federal Law Enforcement Trust Fund as provided in s. 372.107, as
349applicable.
350     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
351PRODUCTS; PROCEDURE.--
352     (c)  In the event of acquittal, the proceeds of a sale or
353the bond or cash deposit required by this subsection shall be
354returned to the defendant. In the event of a conviction, the
355proceeds of a sale or the bond or cash deposit required by this
356subsection shall be deposited into the Marine Resources
357Conservation Trust Fund to be used for law enforcement purposes
358or into the commission's Federal Law Enforcement Trust Fund as
359provided in s. 372.107, as applicable. Such deposit into the
360Marine Resources Conservation Trust Fund or the Federal Law
361Enforcement Trust Fund shall constitute confiscation.
362     Section 7.  Subsection (5) of section 372.9901, Florida
363Statutes, is amended to read:
364     372.9901  Seizure of illegal hunting devices; disposition;
365notice; forfeiture.--In order to protect the state's wildlife
366resources, any vehicle, vessel, animal, gun, light, or other
367hunting device used or attempted to be used in connection with,
368as an instrumentality of, or in aiding and abetting in the
369commission of an offense prohibited by s. 372.99 is subject to
370seizure and forfeiture. The provisions of chapter 932 do not
371apply to any seizure or forfeiture under this section. For
372purposes of this section, a conviction is any disposition other
373than acquittal or dismissal.
374     (5)  All amounts received from the sale or other
375disposition of the property shall be paid into the State Game
376Trust Fund or into the commission's Federal Law Enforcement
377Trust Fund as provided in s. 372.107, as applicable. If the
378property is not sold or converted, it shall be delivered to the
379executive director of the commission.
380     Section 8.  Subsection (3) of section 372.9904, Florida
381Statutes, is amended to read:
382     372.9904  Seizure of illegal transportation devices;
383disposition; appraisal; forfeiture.--
384     (3)  Upon conviction of the violator, the property, if
385owned by the person convicted, shall be forfeited to the state
386under the procedure set forth in ss. 370.061 and 370.07, when
387not inconsistent with this section. All amounts received from
388the sale or other disposition of the property shall be paid into
389the State Game Trust Fund or into the commission's Federal Law
390Enforcement Trust Fund as provided in s. 372.107, as applicable.
391If the property is not sold or converted, it shall be delivered
392to the director of the Fish and Wildlife Conservation
393Commission.
394     Section 9.  Paragraph (e) of subsection (6) of section
395932.7055, Florida Statutes, is amended to read:
396     932.7055  Disposition of liens and forfeited property.--
397     (6)  If the seizing agency is a state agency, all remaining
398proceeds shall be deposited into the General Revenue Fund.
399However, if the seizing agency is:
400     (e)  The Fish and Wildlife Conservation Commission, the
401proceeds accrued pursuant to the provisions of the Florida
402Contraband Forfeiture Act shall be deposited into the State Game
403Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,
404into the Marine Resources Conservation Trust Fund as provided in
405s. 370.061, or into the commission's Federal Law Enforcement
406Trust Fund as provided in s. 372.107, as applicable.
407     Section 10.  Sections 327.803 and 372.107, Florida
408Statutes, are repealed.
409     Section 11.  This act shall take effect October 1, 2008.


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