CS/HB 7059

1
A bill to be entitled
2An act relating to the protection of wild and aquatic
3life; amending s. 253.03, F.S.; requiring the Board of
4Trustees of the Internal Improvement Trust Fund to provide
5for the establishment of seagrass mitigation banks for
6specified purposes; amending s. 253.04, F.S.; providing
7that careless operation of a vessel outside a marked
8channel that causes seagrass scarring within certain
9aquatic preserves is a civil infraction; defining the
10terms "seagrass scarring" and "seagrasses"; providing that
11refusal to post bond or sign a boating citation is a
12second degree misdemeanor; providing criminal penalties;
13requiring that civil penalties collected for the careless
14operation of a vessel causing seagrass scarring be
15deposited into the Internal Improvement Trust Fund and
16used for specified purposes; requiring the board to adopt
17rules for the stabilization of propeller scarring and boat
18groundings; providing mitigation credits for restored and
19created seagrasses; specifying a methodology for
20determining such credits; requiring the board to conduct
21pilot projects in certain waters; amending s. 327.73,
22F.S.; providing civil penalties for seagrass scarring;
23amending s. 372.73, F.S.; providing for the forfeiture of
24illegally taken wildlife, freshwater fish, and saltwater
25fish to investigating law enforcement agencies;
26authorizing investigating law enforcement agencies to
27dispose of such wildlife, freshwater fish, and saltwater
28fish in a specified manner; requiring certain
29documentation; requiring the release of certain wildlife,
30freshwater fish, and saltwater fish to native habitats;
31providing for release of nonnative species by rule;
32revising provisions for the deposit of certain proceeds
33relating to the confiscation and disposition of illegally
34taken wildlife, freshwater fish, and saltwater fish;
35authorizing certain law enforcement agencies to receive
36specified portions of forfeited property; creating s.
37372.731, F.S.; providing for photographs of illegally
38taken wildlife, freshwater fish, or saltwater fish to be
39admissible as evidence in the prosecution of certain
40violations; specifying requirements and procedures for
41such photographs; amending ss. 370.021, 370.061, 372.9901,
42372.9904, and 932.7055, F.S.; conforming cross-references;
43repealing s. 327.803, F.S., relating to the Boating
44Advisory Council; repealing s. 372.107, F.S., relating to
45the Federal Law Enforcement Trust Fund within the Fish and
46Wildlife Conservation Commission; providing an effective
47date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Subsection (18) is added to section 253.03,
52Florida Statutes, to read:
53     253.03  Board of trustees to administer state lands; lands
54enumerated.--
55     (18)  The Board of Trustees of the Internal Improvement
56Trust Fund shall ensure the preservation and regeneration of
57seagrass, as defined in s. 253.04(4)(b)2., by providing for the
58establishment of seagrass mitigation banks, pursuant to s.
59373.4136, to offset the unavoidable impacts of projects where
60such banks meet the applicable public interest test of chapters
61253 and 258. This subsection shall not prohibit mitigation for
62impacts to seagrass or other habitats on sovereignty submerged
63lands for other types of projects, or for projects occurring on
64nonsovereign submerged lands, upon applicable approval of the
65board of trustees.
66     Section 2.  Subsections (4) through (7) of section 253.04,
67Florida Statutes, are renumbered as subsections (5) through (8),
68respectively, and a new subsection (4) is added to that section
69to read:
70     253.04  Duty of board to protect, etc., state lands; state
71may join in any action brought.--
72     (4)(a)  The duty to conserve and improve state-owned lands
73and the products thereof shall include the preservation and
74regeneration of seagrass, which is deemed essential to the
75oceans, gulfs, estuaries, and shorelines of the state.
76     (b)  Any person operating a vessel outside a lawfully
77marked channel in a careless manner that causes seagrass
78scarring within an aquatic preserve established in ss. 258.39-
79258.399 with the exception of the Lake Jackson, Wekiva River,
80and Rainbow River aquatic preserves, commits a civil infraction,
81punishable as provided in s. 327.73. Each violation is a
82separate offense. As used in this subsection, the term:
83     1.  "Seagrass scarring" means the destruction of roots,
84shoots, or stems of seagrass plants that results in tracks on
85the substrate caused by the operation of a motorized vessel in
86waters supporting seagrasses, commonly known as prop-scars or
87propeller scars.
88     2.  "Seagrasses" means Cuban shoal grass (Halodule
89wrightii), turtle grass (Thalassia testudinum), manatee grass
90(Syringodium filiforme), star grass (Halophila engelmannii),
91paddle grass (Halophila decipiens), Johnson's seagrass
92(Halophila johnsonii), or widgeon grass (Ruppia maritima).
93     (c)  Any violation of this subsection is a violation of the
94boating laws of this state and shall be charged on a uniform
95boating citation as provided in s. 327.74. Any person who
96refuses to post a bond or accept and sign a uniform boating
97citation commits a misdemeanor of the second degree as provided
98in s. 327.73(3), punishable as provided in s. 775.082 or s.
99775.083.
100     (d)  All civil penalties imposed and collected pursuant to
101this subsection shall be deposited into the Internal Improvement
102Trust Fund and used solely to implement, administer, and enforce
103this subsection; provide for seagrass restoration; conduct a
104program to educate vessel operators about the need to protect
105seagrasses from damage caused by the operation of vessels; and
106fund the marking of seagrass.
107     (e)  The board shall, by rule, provide for the selection of
108private sector companies that use scientifically established
109techniques utilizing containerized fine grain sediment to
110stabilize seagrass scars and damage to seagrasses from boat
111groundings and use proven methods to establish the
112recolonization of seagrasses. Such restoration and
113recolonization efforts shall be accomplished without cost to the
114state. Mitigation credits shall be provided for efforts that
115achieve successful restoration of damaged seagrass beds and
116creation of new seagrass beds. Such credits shall be determined
117by the uniform mitigation assessment methodology. The board
118shall conduct pilot projects for the stabilization of propeller
119scars and boat groundings in outstanding Florida waters in
120compliance with this paragraph.
121     Section 3.  Paragraph (x) is added to subsection (1) of
122section 327.73, Florida Statutes, and subsection (8) of that
123section is amended, to read:
124     327.73  Noncriminal infractions.--
125     (1)  Violations of the following provisions of the vessel
126laws of this state are noncriminal infractions:
127     (x)  Section 253.04(4)(a), relating to carelessly causing
128seagrass scarring, for which the civil penalty is:
129     1.  Fifty dollars upon conviction for a first offense.
130     2.  Two hundred and fifty dollars upon conviction for a
131second offense occurring within 12 months after a prior
132conviction.
133     3.  Five hundred dollars upon conviction for a third
134offense occurring within 36 months after a prior conviction.
135     4.  One thousand dollars upon conviction for a fourth or
136subsequent offense.
137
138Any person cited for a violation of any such provision shall be
139deemed to be charged with a noncriminal infraction, shall be
140cited for such an infraction, and shall be cited to appear
141before the county court. The civil penalty for any such
142infraction is $50, except as otherwise provided in this section.
143Any person who fails to appear or otherwise properly respond to
144a uniform boating citation shall, in addition to the charge
145relating to the violation of the boating laws of this state, be
146charged with the offense of failing to respond to such citation
147and, upon conviction, be guilty of a misdemeanor of the second
148degree, punishable as provided in s. 775.082 or s. 775.083. A
149written warning to this effect shall be provided at the time
150such uniform boating citation is issued.
151     (8)  Except as otherwise provided by s. 253.04(4)(c), all
152fees and civil penalties assessed and collected pursuant to this
153section shall be remitted by the clerk of the court to the
154Department of Revenue to be deposited into the Marine Resources
155Conservation Trust Fund for boating safety education purposes.
156     Section 4.  Section 372.73, Florida Statutes, is amended to
157read:
158     372.73  Confiscation and disposition of illegally taken
159wildlife, freshwater fish, and saltwater fish game.--
160     (1)(a)  All wildlife, game and freshwater fish, and
161saltwater fish seized under the authority of this chapter, any
162other chapter, or rules of the commission shall, upon conviction
163of the offender or sooner in accordance with a court order if
164the court so orders, be forfeited to the investigating law
165enforcement agency. The law enforcement agency may elect to
166retain the wildlife, freshwater fish, or saltwater fish for the
167agency's official use; transfer the wildlife, freshwater fish,
168or saltwater fish to another unit of state or local government
169for official use; donate the wildlife, freshwater fish, or
170saltwater fish to a charitable organization; sell the wildlife,
171freshwater fish, or saltwater fish at a public sale, pursuant to
172the provisions of s. 705.103; or destroy the wildlife,
173freshwater fish, or saltwater fish if none of the other options
174are practicable or if the wildlife, freshwater fish, or
175saltwater fish is unwholesome or otherwise not of appreciable
176value.
177     (b)  All live wildlife, freshwater fish, or saltwater fish,
178the possession of which is unlawful, shall be properly
179documented as evidence under s. 372.731 and returned to the
180habitat unharmed, except that nonnative species may be released
181only as allowed by rules of the commission. Any unclaimed
182wildlife, freshwater fish, or saltwater fish shall be retained
183by the investigating law enforcement agency and disposed of in
184accordance with the provisions of this subsection and given to
185some hospital or charitable institution and receipt therefor
186sent to the Fish and Wildlife Conservation Commission.
187     (2)  All furs or hides or fur-bearing animals seized under
188the authority of this chapter shall, upon conviction of the
189offender, be forfeited and sent to the commission, which shall
190sell such hides and furs the same and deposit the proceeds of
191such sale to the credit of the State Game Trust Fund or into the
192commission's Federal Law Enforcement Trust Fund as provided in
193s. 372.107, as applicable. If any such hides or furs are seized
194and the offender is unknown, the court shall order such hides or
195furs sent to the Fish and Wildlife Conservation commission,
196which shall sell such hides and furs.
197     (3)  Except as otherwise provided in subsection (4), and
198deposit the proceeds of any such sale pursuant to this section
199shall be remitted to the Department of Revenue for deposit to
200the credit of the State Game Trust Fund or the Marine Resources
201Conservation Trust Fund into the commission's Federal Law
202Enforcement Trust Fund as provided in s. 372.107, as applicable.
203     (4)  Any state, municipal, or county law enforcement agency
204that enforces or assists the commission in enforcing the
205provisions of this chapter, which enforcement or assistance
206results in a forfeiture of property as provided in this section,
207shall be entitled to receive all or a share of any property
208based upon the agency's participation in such enforcement.
209     Section 5.  Section 372.731, Florida Statutes, is created
210to read:
211     372.731  Photographs of illegally taken wildlife,
212freshwater fish, and saltwater fish.--In any prosecution for a
213violation of this chapter, chapter 370, or rules of the
214commission, a photograph of the illegally taken wildlife,
215freshwater fish, or saltwater fish may be deemed competent
216evidence of such property and may be admissible in the
217prosecution to the same extent as if such wildlife, freshwater
218fish, or saltwater fish were introduced as evidence. Such
219photograph shall bear a written description of the wildlife,
220freshwater fish, or saltwater fish alleged to have been
221illegally taken, the name of the violator, the location where
222the alleged wrongful taking occurred, the name of the
223investigating law enforcement officer, the date the photograph
224was taken, and the name of the photographer. Such writing shall
225be made under oath by the investigating law enforcement officer,
226and the photograph shall be identified by the signature of the
227photographer.
228     Section 6.  Subsection (2) of section 370.021, Florida
229Statutes, is amended to read:
230     370.021  Administration; rules, publications, records;
231penalties; injunctions.--
232     (2)  MAJOR VIOLATIONS.--In addition to the penalties
233provided in paragraphs (1)(a) and (b), the court shall assess
234additional penalties against any commercial harvester convicted
235of major violations as follows:
236     (a)  For a violation involving more than 100 illegal blue
237crabs, spiny lobster, or stone crabs, an additional penalty of
238$10 for each illegal blue crab, spiny lobster, stone crab, or
239part thereof.
240     (b)  For a violation involving the taking or harvesting of
241shrimp from a nursery or other prohibited area, or any two
242violations within a 12-month period involving shrimping gear,
243minimum size (count), or season, an additional penalty of $10
244for each pound of illegal shrimp or part thereof.
245     (c)  For a violation involving the taking or harvesting of
246oysters from nonapproved areas or the taking or possession of
247unculled oysters, an additional penalty of $10 for each bushel
248of illegal oysters.
249     (d)  For a violation involving the taking or harvesting of
250clams from nonapproved areas, an additional penalty of $100 for
251each 500 count bag of illegal clams.
252     (e)  For a violation involving the taking, harvesting, or
253possession of any of the following species, which are
254endangered, threatened, or of special concern:
255     1.  Shortnose sturgeon (Acipenser brevirostrum);
256     2.  Atlantic sturgeon (Acipenser oxyrhynchus);
257     3.  Common snook (Centropomus undecimalis);
258     4.  Atlantic loggerhead turtle (Caretta caretta caretta);
259     5.  Atlantic green turtle (Chelonia mydas mydas);
260     6.  Leatherback turtle (Dermochelys coriacea);
261     7.  Atlantic hawksbill turtle (Eretmochelys imbricata
262imbracata);
263     8.  Atlantic ridley turtle (Lepidochelys kempi); or
264     9.  West Indian manatee (Trichechus manatus latirostris),
265
266an additional penalty of $100 for each unit of marine life or
267part thereof.
268     (f)  For a second or subsequent conviction within 24 months
269for any violation of the same law or rule involving the taking
270or harvesting of more than 100 pounds of any finfish, an
271additional penalty of $5 for each pound of illegal finfish.
272     (g)  For any violation involving the taking, harvesting, or
273possession of more than 1,000 pounds of any illegal finfish, an
274additional penalty equivalent to the wholesale value of the
275illegal finfish.
276     (h)  Permits issued to any commercial harvester by the
277commission to take or harvest saltwater products, or any license
278issued pursuant to s. 370.06 or s. 370.07 may be suspended or
279revoked by the commission, pursuant to the provisions and
280procedures of s. 120.60, for any major violation prescribed in
281this subsection:
282     1.  Upon a first conviction, for up to 30 calendar days.
283     2.  Upon a second conviction which occurs within 12 months
284after a prior violation, for up to 90 calendar days.
285     3.  Upon a third conviction which occurs within 24 months
286after a prior conviction, for up to 180 calendar days.
287     4.  Upon a fourth conviction which occurs within 36 months
288after a prior conviction, for a period of 6 months to 3 years.
289     (i)  Upon the arrest and conviction for a major violation
290involving stone crabs, the licenseholder must show just cause
291why his or her license should not be suspended or revoked. For
292the purposes of this paragraph, a "major violation" means a
293major violation as prescribed for illegal stone crabs; any
294single violation involving possession of more than 25 stone
295crabs during the closed season or possession of 25 or more
296whole-bodied or egg-bearing stone crabs; any violation for trap
297molestation, trap robbing, or pulling traps at night; or any
298combination of violations in any 3-consecutive-year period
299wherein more than 75 illegal stone crabs in the aggregate are
300involved.
301     (j)  Upon the arrest and conviction for a major violation
302involving spiny lobster, the licenseholder must show just cause
303why his or her license should not be suspended or revoked. For
304the purposes of this paragraph, a "major violation" means a
305major violation as prescribed for illegal spiny lobster; any
306single violation involving possession of more than 25 spiny
307lobster during the closed season or possession of more than 25
308wrung spiny lobster tails or more than 25 egg-bearing or
309stripped spiny lobster; any violation for trap molestation, trap
310robbing, or pulling traps at night; or any combination of
311violations in any 3-consecutive-year period wherein more than 75
312illegal spiny lobster in the aggregate are involved.
313     (k)  Upon the arrest and conviction for a major violation
314involving blue crabs, the licenseholder shall show just cause
315why his or her saltwater products license should not be
316suspended or revoked. This paragraph shall not apply to an
317individual fishing with no more than five traps. For the
318purposes of this paragraph, a "major violation" means a major
319violation as prescribed for illegal blue crabs, any single
320violation wherein 50 or more illegal blue crabs are involved;
321any violation for trap molestation, trap robbing, or pulling
322traps at night; or any combination of violations in any 3-
323consecutive-year period wherein more than 100 illegal blue crabs
324in the aggregate are involved.
325     (l)  Upon the conviction for a major violation involving
326finfish, the licenseholder must show just cause why his or her
327saltwater products license should not be suspended or revoked.
328For the purposes of this paragraph, a major violation is
329prescribed for the taking and harvesting of illegal finfish, any
330single violation involving the possession of more than 100
331pounds of illegal finfish, or any combination of violations in
332any 3-consecutive-year period wherein more than 200 pounds of
333illegal finfish in the aggregate are involved.
334     (m)  For a violation involving the taking or harvesting of
335any marine life species, as those species are defined by rule of
336the commission, the harvest of which is prohibited, or the
337taking or harvesting of such a species out of season, or with an
338illegal gear or chemical, or any violation involving the
339possession of 25 or more individual specimens of marine life
340species, or any combination of violations in any 3-year period
341involving more than 70 such specimens in the aggregate, the
342suspension or revocation of the licenseholder's marine life
343endorsement as provided in paragraph (h).
344
345The penalty provisions of this subsection apply to commercial
346harvesters and wholesale and retail dealers as defined in s.
347370.07. Any other person who commits a major violation under
348this subsection commits a Level Three violation under s. 372.83.
349Notwithstanding the provisions of s. 948.01, no court may
350suspend, defer, or withhold adjudication of guilt or imposition
351of sentence for any major violation prescribed in this
352subsection. The proceeds from the penalties assessed pursuant to
353this subsection shall be deposited into the Marine Resources
354Conservation Trust Fund to be used for marine fisheries research
355or into the commission's Federal Law Enforcement Trust Fund as
356provided in s. 372.107, as applicable.
357     Section 7.  Subsection (4) and paragraph (c) of subsection
358(5) of section 370.061, Florida Statutes, are amended to read:
359     370.061  Confiscation, seizure, and forfeiture of property
360and products.--
361     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
362forfeited under this section may be destroyed, used by the
363commission, disposed of by gift to charitable or state
364institutions, or sold, with the proceeds derived from the sale
365deposited into the Marine Resources Conservation Trust Fund to
366be used for law enforcement purposes, or into the commission's
367Federal Law Enforcement Trust Fund as provided in s. 372.107, as
368applicable.
369     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
370PRODUCTS; PROCEDURE.--
371     (c)  In the event of acquittal, the proceeds of a sale or
372the bond or cash deposit required by this subsection shall be
373returned to the defendant. In the event of a conviction, the
374proceeds of a sale or the bond or cash deposit required by this
375subsection shall be deposited into the Marine Resources
376Conservation Trust Fund to be used for law enforcement purposes
377or into the commission's Federal Law Enforcement Trust Fund as
378provided in s. 372.107, as applicable. Such deposit into the
379Marine Resources Conservation Trust Fund or the Federal Law
380Enforcement Trust Fund shall constitute confiscation.
381     Section 8.  Subsection (5) of section 372.9901, Florida
382Statutes, is amended to read:
383     372.9901  Seizure of illegal hunting devices; disposition;
384notice; forfeiture.--In order to protect the state's wildlife
385resources, any vehicle, vessel, animal, gun, light, or other
386hunting device used or attempted to be used in connection with,
387as an instrumentality of, or in aiding and abetting in the
388commission of an offense prohibited by s. 372.99 is subject to
389seizure and forfeiture. The provisions of chapter 932 do not
390apply to any seizure or forfeiture under this section. For
391purposes of this section, a conviction is any disposition other
392than acquittal or dismissal.
393     (5)  All amounts received from the sale or other
394disposition of the property shall be paid into the State Game
395Trust Fund or into the commission's Federal Law Enforcement
396Trust Fund as provided in s. 372.107, as applicable. If the
397property is not sold or converted, it shall be delivered to the
398executive director of the commission.
399     Section 9.  Subsection (3) of section 372.9904, Florida
400Statutes, is amended to read:
401     372.9904  Seizure of illegal transportation devices;
402disposition; appraisal; forfeiture.--
403     (3)  Upon conviction of the violator, the property, if
404owned by the person convicted, shall be forfeited to the state
405under the procedure set forth in ss. 370.061 and 370.07, when
406not inconsistent with this section. All amounts received from
407the sale or other disposition of the property shall be paid into
408the State Game Trust Fund or into the commission's Federal Law
409Enforcement Trust Fund as provided in s. 372.107, as applicable.
410If the property is not sold or converted, it shall be delivered
411to the director of the Fish and Wildlife Conservation
412Commission.
413     Section 10.  Paragraph (e) of subsection (6) of section
414932.7055, Florida Statutes, is amended to read:
415     932.7055  Disposition of liens and forfeited property.--
416     (6)  If the seizing agency is a state agency, all remaining
417proceeds shall be deposited into the General Revenue Fund.
418However, if the seizing agency is:
419     (e)  The Fish and Wildlife Conservation Commission, the
420proceeds accrued pursuant to the provisions of the Florida
421Contraband Forfeiture Act shall be deposited into the State Game
422Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,
423into the Marine Resources Conservation Trust Fund as provided in
424s. 370.061, or into the commission's Federal Law Enforcement
425Trust Fund as provided in s. 372.107, as applicable.
426     Section 11.  Sections 327.803 and 372.107, Florida
427Statutes, are repealed.
428     Section 12.  This act shall take effect October 1, 2008.


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