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; amending s. 253.034, F.S.;
17creating a monitoring team for the purposes of reviewing
18management plans of state-owned lands; providing review
19procedures; amending s. 259.037, F.S.; requiring agencies
20to report additional information to the Division of State
21Lands; amending s. 327.73, F.S.; providing civil penalties
22for seagrass scarring; amending s. 372.73, F.S.; providing
23for the forfeiture of illegally taken wildlife, freshwater
24fish, and saltwater fish to investigating law enforcement
25agencies; authorizing investigating law enforcement
26agencies to dispose of such wildlife, freshwater fish, and
27saltwater fish in a specified manner; requiring certain
28documentation; requiring the release of certain wildlife,
29freshwater fish, and saltwater fish to native habitats;
30providing for release of nonnative species by rule;
31revising provisions for the deposit of certain proceeds
32relating to the confiscation and disposition of illegally
33taken wildlife, freshwater fish, and saltwater fish;
34authorizing certain law enforcement agencies to receive
35specified portions of forfeited property; creating s.
36372.731, F.S.; providing for photographs of illegally
37taken wildlife, freshwater fish, or saltwater fish to be
38admissible as evidence in the prosecution of certain
39violations; specifying requirements and procedures for
40such photographs; amending ss. 370.021, 370.061, 372.9901,
41372.9904, and 932.7055, F.S.; conforming cross-references;
42repealing s. 327.803, F.S., relating to the Boating
43Advisory Council; repealing s. 372.107, F.S., relating to
44the Federal Law Enforcement Trust Fund within the Fish and
45Wildlife Conservation Commission; providing an effective
46date.
47
48Be It Enacted by the Legislature of the State of Florida:
49
50     Section 1.  Subsection (18) is added to section 253.03,
51Florida Statutes, to read:
52     253.03  Board of trustees to administer state lands; lands
53enumerated.--
54     (18)  The Board of Trustees of the Internal Improvement
55Trust Fund shall ensure the preservation and regeneration of
56seagrass, as defined in s. 253.04(4)(b)2., by providing for the
57establishment of seagrass mitigation banks, pursuant to s.
58373.4136, to offset the unavoidable impacts of projects where
59such banks meet the applicable public interest test of chapters
60253 and 258. This subsection shall not prohibit mitigation for
61impacts to seagrass or other habitats on sovereignty submerged
62lands for other types of projects, or for projects occurring on
63nonsovereign submerged lands, upon applicable approval of the
64board of trustees.
65     Section 2.  Subsections (4) through (7) of section 253.04,
66Florida Statutes, are renumbered as subsections (5) through (8),
67respectively, and a new subsection (4) is added to that section
68to read:
69     253.04  Duty of board to protect, etc., state lands; state
70may join in any action brought.--
71     (4)(a)  The duty to conserve and improve state-owned lands
72and the products thereof shall include the preservation and
73regeneration of seagrass, which is deemed essential to the
74oceans, gulfs, estuaries, and shorelines of the state.
75     (b)  Any person operating a vessel outside a lawfully
76marked channel in a careless manner that causes seagrass
77scarring within an aquatic preserve established in ss. 258.39-
78258.399 with the exception of the Lake Jackson, Wekiva River,
79and Rainbow River aquatic preserves, commits a civil infraction,
80punishable as provided in s. 327.73. Each violation is a
81separate offense. As used in this subsection, the term:
82     1.  "Seagrass scarring" means the destruction of roots,
83shoots, or stems of seagrass plants that results in tracks on
84the substrate caused by the operation of a motorized vessel in
85waters supporting seagrasses, commonly known as prop-scars or
86propeller scars.
87     2.  "Seagrasses" means Cuban shoal grass (Halodule
88wrightii), turtle grass (Thalassia testudinum), manatee grass
89(Syringodium filiforme), star grass (Halophila engelmannii),
90paddle grass (Halophila decipiens), Johnson's seagrass
91(Halophila johnsonii), or widgeon grass (Ruppia maritima).
92     (c)  Any violation of this subsection is a violation of the
93boating laws of this state and shall be charged on a uniform
94boating citation as provided in s. 327.74. Any person who
95refuses to post a bond or accept and sign a uniform boating
96citation commits a misdemeanor of the second degree as provided
97in s. 327.73(3), punishable as provided in s. 775.082 or s.
98775.083.
99     (d)  All civil penalties imposed and collected pursuant to
100this subsection shall be deposited into the Internal Improvement
101Trust Fund and used solely to implement, administer, and enforce
102this subsection; provide for seagrass restoration; conduct a
103program to educate vessel operators about the need to protect
104seagrasses from damage caused by the operation of vessels; and
105fund the marking of seagrass.
106     Section 3.  Paragraph (c) is added to subsection (5) of
107section 259.034, Florida Statutes, to read:
108     253.034  State-owned lands; uses.--
109     (5)  Each manager of conservation lands shall submit to the
110Division of State Lands a land management plan at least every 10
111years in a form and manner prescribed by rule by the board and
112in accordance with the provisions of s. 259.032. Each manager of
113conservation lands shall also update a land management plan
114whenever the manager proposes to add new facilities or make
115substantive land use or management changes that were not
116addressed in the approved plan, or within 1 year of the addition
117of significant new lands. Each manager of nonconservation lands
118shall submit to the Division of State Lands a land use plan at
119least every 10 years in a form and manner prescribed by rule by
120the board. The division shall review each plan for compliance
121with the requirements of this subsection and the requirements of
122the rules established by the board pursuant to this section. All
123land use plans, whether for single-use or multiple-use
124properties, shall include an analysis of the property to
125determine if any significant natural or cultural resources are
126located on the property. Such resources include archaeological
127and historic sites, state and federally listed plant and animal
128species, and imperiled natural communities and unique natural
129features. If such resources occur on the property, the manager
130shall consult with the Division of State Lands and other
131appropriate agencies to develop management strategies to protect
132such resources. Land use plans shall also provide for the
133control of invasive nonnative plants and conservation of soil
134and water resources, including a description of how the manager
135plans to control and prevent soil erosion and soil or water
136contamination. Land use plans submitted by a manager shall
137include reference to appropriate statutory authority for such
138use or uses and shall conform to the appropriate policies and
139guidelines of the state land management plan. Plans for managed
140areas larger than 1,000 acres shall contain an analysis of the
141multiple-use potential of the property, which analysis shall
142include the potential of the property to generate revenues to
143enhance the management of the property. Additionally, the plan
144shall contain an analysis of the potential use of private land
145managers to facilitate the restoration or management of these
146lands. In those cases where a newly acquired property has a
147valid conservation plan that was developed by a soil and
148conservation district, such plan shall be used to guide
149management of the property until a formal land use plan is
150completed.
151     (c)  Beginning July 1, 2010, and every 3 years thereafter,
152state-owned lands with an approved land management plan shall be
153monitored for land management activities by a monitoring team.
154The Division of State Lands shall coordinate the activities of
155the monitoring team, which shall consist of three members. One
156member shall be selected by the Executive Director of the Fish
157and Wildlife Conservation Commission or a designee, and shall
158have experience with applied habitat management. One member
159shall be selected by the Secretary of the Department of
160Environmental Protection or a designee, and shall have
161experience with public recreation or use administration. One
162member shall be selected by the Commissioner of Agriculture or a
163designee, and shall have experience with applied land
164management. The Division of State Lands shall provide the
165monitoring team with the operational report prepared pursuant to
166s. 259.037(6). The monitoring team shall prepare a monitoring
167report that assesses the progress towards achieving short-term
168and long-term land management goals, as identified in the
169operational report, and shall propose corrective actions for
170identified deficiencies in management activities. The monitoring
171report shall be submitted to the Acquisition and Restoration
172Council and the managing agency. The Acquisition and Restoration
173Council shall review the monitoring report and determine whether
174the deficiencies warrant a corrective action plan or revisions
175to the management plan. Significant and recurring deficiencies
176shall be brought to the Board of Trustees, which shall determine
177whether the corrective actions being proposed by the land
178manager and the Acquisition and Restoration Council sufficiently
179address the deficiencies. Corrective actions plans shall be
180prepared and submitted in the same manner as land management
181plans.
182     Section 4.  Subsection (6) is added to section 259.037,
183Florida Statutes, to read:
184     259.037  Land Management Uniform Accounting Council.--
185     (6)  Beginning July 1, 2010, and every 3 years thereafter,
186each reporting agency shall also submit an operational report
187for each management area along with an approved management plan.
188The report should assess the progress toward achieving short-
189term and long-term management goals of the approved management
190plan, including all land management activities, and identify any
191deficiencies in management and corrective actions to address
192identified deficiencies as appropriate. This report shall be
193submitted to the Division of State Lands for inclusion in its
194annual report required pursuant to s. 259.036.
195     Section 5.  Paragraph (x) is added to subsection (1) of
196section 327.73, Florida Statutes, and subsection (8) of that
197section is amended, to read:
198     327.73  Noncriminal infractions.--
199     (1)  Violations of the following provisions of the vessel
200laws of this state are noncriminal infractions:
201     (x)  Section 253.04(4)(a), relating to carelessly causing
202seagrass scarring, for which the civil penalty is:
203     1.  Fifty dollars upon conviction for a first offense.
204     2.  Two hundred and fifty dollars upon conviction for a
205second offense occurring within 12 months after a prior
206conviction.
207     3.  Five hundred dollars upon conviction for a third
208offense occurring within 36 months after a prior conviction.
209     4.  One thousand dollars upon conviction for a fourth or
210subsequent offense.
211
212Any person cited for a violation of any such provision shall be
213deemed to be charged with a noncriminal infraction, shall be
214cited for such an infraction, and shall be cited to appear
215before the county court. The civil penalty for any such
216infraction is $50, except as otherwise provided in this section.
217Any person who fails to appear or otherwise properly respond to
218a uniform boating citation shall, in addition to the charge
219relating to the violation of the boating laws of this state, be
220charged with the offense of failing to respond to such citation
221and, upon conviction, be guilty of a misdemeanor of the second
222degree, punishable as provided in s. 775.082 or s. 775.083. A
223written warning to this effect shall be provided at the time
224such uniform boating citation is issued.
225     (8)  Except as otherwise provided by s. 253.04(4)(c), all
226fees and civil penalties assessed and collected pursuant to this
227section shall be remitted by the clerk of the court to the
228Department of Revenue to be deposited into the Marine Resources
229Conservation Trust Fund for boating safety education purposes.
230     Section 6.  Section 372.73, Florida Statutes, is amended to
231read:
232     372.73  Confiscation and disposition of illegally taken
233wildlife, freshwater fish, and saltwater fish game.--
234     (1)(a)  All wildlife, game and freshwater fish, and
235saltwater fish seized under the authority of this chapter, any
236other chapter, or rules of the commission shall, upon conviction
237of the offender or sooner in accordance with a court order if
238the court so orders, be forfeited to the investigating law
239enforcement agency. The law enforcement agency may elect to
240retain the wildlife, freshwater fish, or saltwater fish for the
241agency's official use; transfer the wildlife, freshwater fish,
242or saltwater fish to another unit of state or local government
243for official use; donate the wildlife, freshwater fish, or
244saltwater fish to a charitable organization; sell the wildlife,
245freshwater fish, or saltwater fish at a public sale, pursuant to
246the provisions of s. 705.103; or destroy the wildlife,
247freshwater fish, or saltwater fish if none of the other options
248are practicable or if the wildlife, freshwater fish, or
249saltwater fish is unwholesome or otherwise not of appreciable
250value.
251     (b)  All live wildlife, freshwater fish, or saltwater fish,
252the possession of which is unlawful, shall be properly
253documented as evidence under s. 372.731 and returned to the
254habitat unharmed, except that nonnative species may be released
255only as allowed by rules of the commission. Any unclaimed
256wildlife, freshwater fish, or saltwater fish shall be retained
257by the investigating law enforcement agency and disposed of in
258accordance with the provisions of this subsection and given to
259some hospital or charitable institution and receipt therefor
260sent to the Fish and Wildlife Conservation Commission.
261     (2)  All furs or hides or fur-bearing animals seized under
262the authority of this chapter shall, upon conviction of the
263offender, be forfeited and sent to the commission, which shall
264sell such hides and furs the same and deposit the proceeds of
265such sale to the credit of the State Game Trust Fund or into the
266commission's Federal Law Enforcement Trust Fund as provided in
267s. 372.107, as applicable. If any such hides or furs are seized
268and the offender is unknown, the court shall order such hides or
269furs sent to the Fish and Wildlife Conservation commission,
270which shall sell such hides and furs.
271     (3)  Except as otherwise provided in subsection (4), and
272deposit the proceeds of any such sale pursuant to this section
273shall be remitted to the Department of Revenue for deposit to
274the credit of the State Game Trust Fund or the Marine Resources
275Conservation Trust Fund into the commission's Federal Law
276Enforcement Trust Fund as provided in s. 372.107, as applicable.
277     (4)  Any state, municipal, or county law enforcement agency
278that enforces or assists the commission in enforcing the
279provisions of this chapter, which enforcement or assistance
280results in a forfeiture of property as provided in this section,
281shall be entitled to receive all or a share of any property
282based upon the agency's participation in such enforcement.
283     Section 7.  Section 372.731, Florida Statutes, is created
284to read:
285     372.731  Photographs of illegally taken wildlife,
286freshwater fish, and saltwater fish.--In any prosecution for a
287violation of this chapter, chapter 370, or rules of the
288commission, a photograph of the illegally taken wildlife,
289freshwater fish, or saltwater fish may be deemed competent
290evidence of such property and may be admissible in the
291prosecution to the same extent as if such wildlife, freshwater
292fish, or saltwater fish were introduced as evidence. Such
293photograph shall bear a written description of the wildlife,
294freshwater fish, or saltwater fish alleged to have been
295illegally taken, the name of the violator, the location where
296the alleged wrongful taking occurred, the name of the
297investigating law enforcement officer, the date the photograph
298was taken, and the name of the photographer. Such writing shall
299be made under oath by the investigating law enforcement officer,
300and the photograph shall be identified by the signature of the
301photographer.
302     Section 8.  Subsection (2) of section 370.021, Florida
303Statutes, is amended to read:
304     370.021  Administration; rules, publications, records;
305penalties; injunctions.--
306     (2)  MAJOR VIOLATIONS.--In addition to the penalties
307provided in paragraphs (1)(a) and (b), the court shall assess
308additional penalties against any commercial harvester convicted
309of major violations as follows:
310     (a)  For a violation involving more than 100 illegal blue
311crabs, spiny lobster, or stone crabs, an additional penalty of
312$10 for each illegal blue crab, spiny lobster, stone crab, or
313part thereof.
314     (b)  For a violation involving the taking or harvesting of
315shrimp from a nursery or other prohibited area, or any two
316violations within a 12-month period involving shrimping gear,
317minimum size (count), or season, an additional penalty of $10
318for each pound of illegal shrimp or part thereof.
319     (c)  For a violation involving the taking or harvesting of
320oysters from nonapproved areas or the taking or possession of
321unculled oysters, an additional penalty of $10 for each bushel
322of illegal oysters.
323     (d)  For a violation involving the taking or harvesting of
324clams from nonapproved areas, an additional penalty of $100 for
325each 500 count bag of illegal clams.
326     (e)  For a violation involving the taking, harvesting, or
327possession of any of the following species, which are
328endangered, threatened, or of special concern:
329     1.  Shortnose sturgeon (Acipenser brevirostrum);
330     2.  Atlantic sturgeon (Acipenser oxyrhynchus);
331     3.  Common snook (Centropomus undecimalis);
332     4.  Atlantic loggerhead turtle (Caretta caretta caretta);
333     5.  Atlantic green turtle (Chelonia mydas mydas);
334     6.  Leatherback turtle (Dermochelys coriacea);
335     7.  Atlantic hawksbill turtle (Eretmochelys imbricata
336imbracata);
337     8.  Atlantic ridley turtle (Lepidochelys kempi); or
338     9.  West Indian manatee (Trichechus manatus latirostris),
339
340an additional penalty of $100 for each unit of marine life or
341part thereof.
342     (f)  For a second or subsequent conviction within 24 months
343for any violation of the same law or rule involving the taking
344or harvesting of more than 100 pounds of any finfish, an
345additional penalty of $5 for each pound of illegal finfish.
346     (g)  For any violation involving the taking, harvesting, or
347possession of more than 1,000 pounds of any illegal finfish, an
348additional penalty equivalent to the wholesale value of the
349illegal finfish.
350     (h)  Permits issued to any commercial harvester by the
351commission to take or harvest saltwater products, or any license
352issued pursuant to s. 370.06 or s. 370.07 may be suspended or
353revoked by the commission, pursuant to the provisions and
354procedures of s. 120.60, for any major violation prescribed in
355this subsection:
356     1.  Upon a first conviction, for up to 30 calendar days.
357     2.  Upon a second conviction which occurs within 12 months
358after a prior violation, for up to 90 calendar days.
359     3.  Upon a third conviction which occurs within 24 months
360after a prior conviction, for up to 180 calendar days.
361     4.  Upon a fourth conviction which occurs within 36 months
362after a prior conviction, for a period of 6 months to 3 years.
363     (i)  Upon the arrest and conviction for a major violation
364involving stone crabs, the licenseholder must show just cause
365why his or her license should not be suspended or revoked. For
366the purposes of this paragraph, a "major violation" means a
367major violation as prescribed for illegal stone crabs; any
368single violation involving possession of more than 25 stone
369crabs during the closed season or possession of 25 or more
370whole-bodied or egg-bearing stone crabs; any violation for trap
371molestation, trap robbing, or pulling traps at night; or any
372combination of violations in any 3-consecutive-year period
373wherein more than 75 illegal stone crabs in the aggregate are
374involved.
375     (j)  Upon the arrest and conviction for a major violation
376involving spiny lobster, the licenseholder must show just cause
377why his or her license should not be suspended or revoked. For
378the purposes of this paragraph, a "major violation" means a
379major violation as prescribed for illegal spiny lobster; any
380single violation involving possession of more than 25 spiny
381lobster during the closed season or possession of more than 25
382wrung spiny lobster tails or more than 25 egg-bearing or
383stripped spiny lobster; any violation for trap molestation, trap
384robbing, or pulling traps at night; or any combination of
385violations in any 3-consecutive-year period wherein more than 75
386illegal spiny lobster in the aggregate are involved.
387     (k)  Upon the arrest and conviction for a major violation
388involving blue crabs, the licenseholder shall show just cause
389why his or her saltwater products license should not be
390suspended or revoked. This paragraph shall not apply to an
391individual fishing with no more than five traps. For the
392purposes of this paragraph, a "major violation" means a major
393violation as prescribed for illegal blue crabs, any single
394violation wherein 50 or more illegal blue crabs are involved;
395any violation for trap molestation, trap robbing, or pulling
396traps at night; or any combination of violations in any 3-
397consecutive-year period wherein more than 100 illegal blue crabs
398in the aggregate are involved.
399     (l)  Upon the conviction for a major violation involving
400finfish, the licenseholder must show just cause why his or her
401saltwater products license should not be suspended or revoked.
402For the purposes of this paragraph, a major violation is
403prescribed for the taking and harvesting of illegal finfish, any
404single violation involving the possession of more than 100
405pounds of illegal finfish, or any combination of violations in
406any 3-consecutive-year period wherein more than 200 pounds of
407illegal finfish in the aggregate are involved.
408     (m)  For a violation involving the taking or harvesting of
409any marine life species, as those species are defined by rule of
410the commission, the harvest of which is prohibited, or the
411taking or harvesting of such a species out of season, or with an
412illegal gear or chemical, or any violation involving the
413possession of 25 or more individual specimens of marine life
414species, or any combination of violations in any 3-year period
415involving more than 70 such specimens in the aggregate, the
416suspension or revocation of the licenseholder's marine life
417endorsement as provided in paragraph (h).
418
419The penalty provisions of this subsection apply to commercial
420harvesters and wholesale and retail dealers as defined in s.
421370.07. Any other person who commits a major violation under
422this subsection commits a Level Three violation under s. 372.83.
423Notwithstanding the provisions of s. 948.01, no court may
424suspend, defer, or withhold adjudication of guilt or imposition
425of sentence for any major violation prescribed in this
426subsection. The proceeds from the penalties assessed pursuant to
427this subsection shall be deposited into the Marine Resources
428Conservation Trust Fund to be used for marine fisheries research
429or into the commission's Federal Law Enforcement Trust Fund as
430provided in s. 372.107, as applicable.
431     Section 9.  Subsection (4) and paragraph (c) of subsection
432(5) of section 370.061, Florida Statutes, are amended to read:
433     370.061  Confiscation, seizure, and forfeiture of property
434and products.--
435     (4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
436forfeited under this section may be destroyed, used by the
437commission, disposed of by gift to charitable or state
438institutions, or sold, with the proceeds derived from the sale
439deposited into the Marine Resources Conservation Trust Fund to
440be used for law enforcement purposes, or into the commission's
441Federal Law Enforcement Trust Fund as provided in s. 372.107, as
442applicable.
443     (5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
444PRODUCTS; PROCEDURE.--
445     (c)  In the event of acquittal, the proceeds of a sale or
446the bond or cash deposit required by this subsection shall be
447returned to the defendant. In the event of a conviction, the
448proceeds of a sale or the bond or cash deposit required by this
449subsection shall be deposited into the Marine Resources
450Conservation Trust Fund to be used for law enforcement purposes
451or into the commission's Federal Law Enforcement Trust Fund as
452provided in s. 372.107, as applicable. Such deposit into the
453Marine Resources Conservation Trust Fund or the Federal Law
454Enforcement Trust Fund shall constitute confiscation.
455     Section 10.  Subsection (5) of section 372.9901, Florida
456Statutes, is amended to read:
457     372.9901  Seizure of illegal hunting devices; disposition;
458notice; forfeiture.--In order to protect the state's wildlife
459resources, any vehicle, vessel, animal, gun, light, or other
460hunting device used or attempted to be used in connection with,
461as an instrumentality of, or in aiding and abetting in the
462commission of an offense prohibited by s. 372.99 is subject to
463seizure and forfeiture. The provisions of chapter 932 do not
464apply to any seizure or forfeiture under this section. For
465purposes of this section, a conviction is any disposition other
466than acquittal or dismissal.
467     (5)  All amounts received from the sale or other
468disposition of the property shall be paid into the State Game
469Trust Fund or into the commission's Federal Law Enforcement
470Trust Fund as provided in s. 372.107, as applicable. If the
471property is not sold or converted, it shall be delivered to the
472executive director of the commission.
473     Section 11.  Subsection (3) of section 372.9904, Florida
474Statutes, is amended to read:
475     372.9904  Seizure of illegal transportation devices;
476disposition; appraisal; forfeiture.--
477     (3)  Upon conviction of the violator, the property, if
478owned by the person convicted, shall be forfeited to the state
479under the procedure set forth in ss. 370.061 and 370.07, when
480not inconsistent with this section. All amounts received from
481the sale or other disposition of the property shall be paid into
482the State Game Trust Fund or into the commission's Federal Law
483Enforcement Trust Fund as provided in s. 372.107, as applicable.
484If the property is not sold or converted, it shall be delivered
485to the director of the Fish and Wildlife Conservation
486Commission.
487     Section 12.  Paragraph (e) of subsection (6) of section
488932.7055, Florida Statutes, is amended to read:
489     932.7055  Disposition of liens and forfeited property.--
490     (6)  If the seizing agency is a state agency, all remaining
491proceeds shall be deposited into the General Revenue Fund.
492However, if the seizing agency is:
493     (e)  The Fish and Wildlife Conservation Commission, the
494proceeds accrued pursuant to the provisions of the Florida
495Contraband Forfeiture Act shall be deposited into the State Game
496Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,
497into the Marine Resources Conservation Trust Fund as provided in
498s. 370.061, or into the commission's Federal Law Enforcement
499Trust Fund as provided in s. 372.107, as applicable.
500     Section 13.  Sections 327.803 and 372.107, Florida
501Statutes, are repealed.
502     Section 14.  This act shall take effect October 1, 2008.


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