CS/HB 7059

1	A bill to be entitled
2	An act relating to fish and wildlife; amending s. 253.03,
3	F.S.; requiring the Board of Trustees to provide for the
4	establishment of seagrass mitigation banks for specific
5	purposes; amending s. 253.034, F.S.; creating a monitoring
6	team for the purposes of reviewing management plans of
7	state-owned lands; providing review procedures; amending
8	s. 253.04, F.S; relating to the protection of state lands;
9	providing definitions; providing that it is a civil
10	infraction to operate a vessel outside a marked channel in
11	a manner that causes seagrass scarring; providing
12	penalties; amending s. 259.037, F.S.; requiring state-
13	owned land managing agencies report additional information
14	to the Division of State Lands; amending s. 327.73, F.S.,
15	relating to noncriminal infractions; establishing civil
16	penalties for the destruction of seagrasses; amending ss.
17	370.021 and 370.061, F.S., conforming cross-references;
18	amending s. 372.73, F.S., relating to the disposition of
19	illegally taken wildlife; providing for the disposition of
20	such wildlife; providing for the documentation of
21	illegally taken wildlife; creating s. 372.731, F.S.,
22	relating to photographs of illegally taken wildlife;
23	providing for the admission of photographs as evidentiary
24	materials; providing conditions under which such
25	photographs shall be taken; amending ss. 372.9901,
26	372.9904, and 932.7055, F.S., conforming cross-references;
27	repealing ss. 327.803 and 372.107, F.S.; amends s.
28	253.002, F.S.; providing for a type two transfer of the
29	Bureau of Invasive Plant Management to the Fish and
30	Wildlife Conservation Commission; providing an effective
31	date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Subsection (18) is added to section 253.03,
36	Florida Statutes, to read:
37	253.03  Board of trustees to administer state lands; lands
38	enumerated.--
39	(18)  The Board of Trustees of the Internal Improvement
40	Trust Fund may ensure the preservation and regeneration of
41	seagrass, as defined in s. 253.04(4)(a)2., by providing for the
42	establishment of seagrass mitigation banks, pursuant to s.
43	373.4136, to offset the unavoidable impacts of projects where
44	such banks meet the applicable public interest test of chapters
45	253 and 258. This subsection shall not prohibit mitigation for
46	impacts to seagrass or other habitats on sovereignty submerged
47	lands for other types of projects, or for projects occurring on
48	nonsovereign submerged lands, upon applicable approval of the
49	board of trustees.
50	Section 2.  Paragraph (c) is added to subsection (5) of
51	section 253.034, Florida Statutes, to read:
52	253.034  State-owned lands; uses.--
53	(5)  Each manager of conservation lands shall submit to the
54	Division of State Lands a land management plan at least every 10
55	years in a form and manner prescribed by rule by the board and
56	in accordance with the provisions of s. 259.032. Each manager of
57	conservation lands shall also update a land management plan
58	whenever the manager proposes to add new facilities or make
59	substantive land use or management changes that were not
60	addressed in the approved plan, or within 1 year of the addition
61	of significant new lands. Each manager of nonconservation lands
62	shall submit to the Division of State Lands a land use plan at
63	least every 10 years in a form and manner prescribed by rule by
64	the board. The division shall review each plan for compliance
65	with the requirements of this subsection and the requirements of
66	the rules established by the board pursuant to this section. All
67	land use plans, whether for single-use or multiple-use
68	properties, shall include an analysis of the property to
69	determine if any significant natural or cultural resources are
70	located on the property. Such resources include archaeological
71	and historic sites, state and federally listed plant and animal
72	species, and imperiled natural communities and unique natural
73	features. If such resources occur on the property, the manager
74	shall consult with the Division of State Lands and other
75	appropriate agencies to develop management strategies to protect
76	such resources. Land use plans shall also provide for the
77	control of invasive nonnative plants and conservation of soil
78	and water resources, including a description of how the manager
79	plans to control and prevent soil erosion and soil or water
80	contamination. Land use plans submitted by a manager shall
81	include reference to appropriate statutory authority for such
82	use or uses and shall conform to the appropriate policies and
83	guidelines of the state land management plan. Plans for managed
84	areas larger than 1,000 acres shall contain an analysis of the
85	multiple-use potential of the property, which analysis shall
86	include the potential of the property to generate revenues to
87	enhance the management of the property. Additionally, the plan
88	shall contain an analysis of the potential use of private land
89	managers to facilitate the restoration or management of these
90	lands. In those cases where a newly acquired property has a
91	valid conservation plan that was developed by a soil and
92	conservation district, such plan shall be used to guide
93	management of the property until a formal land use plan is
94	completed.
95	(c)  Beginning July 1, 2010, and every 3 years thereafter,
96	state-owned lands with an approved land management plan shall be
97	monitored for land management activities by a monitoring team.
98	The Division of State Lands shall coordinate the activities of
99	the monitoring team, which shall consist of three members. One
100	member shall be selected by the Executive Director of the Fish
101	and Wildlife Conservation Commission or a designee, and shall
102	have experience with applied habitat management. One member
103	shall be selected by the Secretary of the Department of
104	Environmental Protection or a designee, and shall have
105	experience with public recreation or use administration. One
106	member shall be selected by the Commissioner of Agriculture or a
107	designee, and shall have experience with applied land
108	management. The Division of State Lands shall provide the
109	monitoring team with the operational report prepared pursuant to
110	s. 259.037(6). The monitoring team shall prepare a monitoring
111	report that assesses the progress towards achieving short-term
112	and long-term land management goals, as identified in the
113	operational report, and shall propose corrective actions for
114	identified deficiencies in management activities. The monitoring
115	report shall be submitted to the Acquisition and Restoration
116	Council and the managing agency. The Acquisition and Restoration
117	Council shall review the monitoring report and determine whether
118	the deficiencies warrant a corrective action plan or revisions
119	to the management plan. Significant and recurring deficiencies
120	shall be brought to the Board of Trustees, which shall determine
121	whether the corrective actions being proposed by the land
122	manager and the Acquisition and Restoration Council sufficiently
123	address the deficiencies. Corrective action plans shall be
124	prepared and submitted in the same manner as land management
125	plans.
126	Section 3.  Subsection (4) of section 253.04, Florida
127	Statutes, is amended to read:
128	253.04  Duty of board to protect, etc., state lands; state
129	may join in any action brought.--
130	(4)  Whenever any person or the agent of any person
131	knowingly refuses to comply with or willfully violates any of
132	the provisions of this chapter so that such person causes damage
133	to the lands of the state or products thereof, including removal
134	of those products, such violator is liable for such damage.
135	Whenever two or more persons or their agents cause damage, and
136	if such damage is indivisible, each violator is jointly and
137	severally liable for such damage; however, if such damage is
138	divisible and may be attributed to a particular violator or
139	violators, each violator is liable only for that damage and
140	subject to the fine attributable to his or her violation.
141	(a)  The duty to conserve and improve state-owned lands and
142	the products thereof shall include the preservation and
143	regeneration of seagrass, which is deemed essential to the
144	oceans, gulfs, estuaries, and shorelines of the state.  Any
145	person operating a vessel outside a lawfully marked channel in a
146	careless manner that causes seagrass scarring within an aquatic
147	preserve established in ss. 258.39-258.399 with the exception of
148	the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
149	Springs aquatic preserves, commits a civil infraction,
150	punishable as provided in s. 327.73. Each violation is a
151	separate offense. As used in this subsection, the term:
152	1. "Seagrass scarring" means destruction of seagrass roots,
153	shoots or stems that results in tracks on the substrate, caused
154	by the operation of a motorized vessel in waters supporting
155	seagrasses, commonly referred to as prop-scars or propeller
156	scars.
157	2. "Seagrasses" means Cuban shoal grass (Halodule
158	wrightii), turtle grass (Thalassia testudinum), manatee grass
159	(Syringodium filiforme), star grass (Halophila engelmannii),
160	paddle grass (Halophila decipiens), Johnsons seagrass (Halophila
161	johnsonii) or widgeon grass (Ruppia maritima).
162	(b)  Any violation of this subsection is a violation of the
163	boating laws of this state and shall be charged on a uniform
164	boating citation as provided in s. 327.74. Any person who
165	refuses to post a bond or accept and sign a uniform boating
166	citation commits a misdemeanor of the second degree, as provided
167	in s. 327.73(3), punishable as provided in s. 775.082 or s.
168	775.083.
169	Section 4.  Subsection (6) is added to section 259.037,
170	Florida Statutes, to read:
171	259.037  Land Management Uniform Accounting Council.--
172	(6)  Beginning July 1, 2010, and every 3 years thereafter,
173	each reporting agency shall also submit an operational report
174	for each management area along with an approved management plan.
175	The report should assess the progress toward achieving short-
176	term and long-term management goals of the approved management
177	plan, including all land management activities, and identify any
178	deficiencies in management and corrective actions to address
179	identified deficiencies as appropriate. This report shall be
180	submitted to the Division of State Lands for inclusion in its
181	annual report required pursuant to s. 259.036.
182	Section 5.  Paragraph (x) of subsection (1) of section
183	327.73, Florida Statutes, is created to read:
184	327.73  Noncriminal infractions.--
185	(1)  Violations of the following provisions of the vessel
186	laws of this state are noncriminal infractions:
187	(x)  Section 253.04(4)(a), relating to carelessly causing
188	seagrass scarring, for which the civil penalty is:
189	1.  Fifty dollars upon conviction for a first offense.
190	2.  Two hundred and fifty dollars upon conviction for a
191	second offense occurring within 12 months after a prior
192	conviction.
193	3.  Five hundred dollars upon conviction for a third
194	offense occurring within 36 months after a prior conviction.
195	4.  One thousand dollars upon conviction for a fourth or
196	subsequent offense.
197
198	Any person cited for a violation of any such provision shall be
199	deemed to be charged with a noncriminal infraction, shall be
200	cited for such an infraction, and shall be cited to appear
201	before the county court. The civil penalty for any such
202	infraction is $50, except as otherwise provided in this section.
203	Any person who fails to appear or otherwise properly respond to
204	a uniform boating citation shall, in addition to the charge
205	relating to the violation of the boating laws of this state, be
206	charged with the offense of failing to respond to such citation
207	and, upon conviction, be guilty of a misdemeanor of the second
208	degree, punishable as provided in s. 775.082 or s. 775.083. A
209	written warning to this effect shall be provided at the time
210	such uniform boating citation is issued.
211	Section 6.  Paragraph (m) of subsection (2) of section
212	370.021, Florida Statutes, is amended to read:
213	370.021  Administration; rules, publications, records;
214	penalties; injunctions.--
215	(2)  MAJOR VIOLATIONS.--In addition to the penalties
216	provided in paragraphs (1)(a) and (b), the court shall assess
217	additional penalties against any commercial harvester convicted
218	of major violations as follows:
219	(m)  For a violation involving the taking or harvesting of
220	any marine life species, as those species are defined by rule of
221	the commission, the harvest of which is prohibited, or the
222	taking or harvesting of such a species out of season, or with an
223	illegal gear or chemical, or any violation involving the
224	possession of 25 or more individual specimens of marine life
225	species, or any combination of violations in any 3-year period
226	involving more than 70 such specimens in the aggregate, the
227	suspension or revocation of the licenseholder's marine life
228	endorsement as provided in paragraph (h).
229
230	The penalty provisions of this subsection apply to commercial
231	harvesters and wholesale and retail dealers as defined in s.
232	370.07. Any other person who commits a major violation under
233	this subsection commits a Level Three violation under s. 372.83.
234	Notwithstanding the provisions of s. 948.01, no court may
235	suspend, defer, or withhold adjudication of guilt or imposition
236	of sentence for any major violation prescribed in this
237	subsection. The proceeds from the penalties assessed pursuant to
238	this subsection shall be deposited into the Marine Resources
239	Conservation Trust Fund to be used for marine fisheries research
240	or into the commission's Federal Law Enforcement Trust Fund as
241	provided in s. 372.107, as applicable.
242	Section 7.  Subsection (4), paragraph (c) of subsection (5)
243	of section 370.061, Florida Statutes, are amended to read:
244	370.061  Confiscation, seizure, and forfeiture of property
245	and products.--
246	(4)  DESTRUCTION OR DISPOSITION OF PROPERTY.--All property
247	forfeited under this section may be destroyed, used by the
248	commission, disposed of by gift to charitable or state
249	institutions, or sold, with the proceeds derived from the sale
250	deposited into the Marine Resources Conservation Trust Fund to
251	be used for law enforcement purposes, or into the commission's
252	Federal Law Enforcement Trust Fund as provided in s. 372.107, as
253	applicable.
254	(5)  CONFISCATION AND SALE OF PERISHABLE SALTWATER
255	PRODUCTS; PROCEDURE.--
256	(c)  In the event of acquittal, the proceeds of a sale or
257	the bond or cash deposit required by this subsection shall be
258	returned to the defendant. In the event of a conviction, the
259	proceeds of a sale or the bond or cash deposit required by this
260	subsection shall be deposited into the Marine Resources
261	Conservation Trust Fund to be used for law enforcement purposes
262	or into the commission's Federal Law Enforcement Trust Fund as
263	provided in s. 372.107, as applicable. Such deposit into the
264	Marine Resources Conservation Trust Fund or the Federal Law
265	Enforcement Trust Fund shall constitute confiscation.
266	Section 8.  Section 372.73, Florida Statutes, is amended to
267	read:
268	372.73  Confiscation and disposition of illegally taken
269	wildlife, freshwater fish, and saltwater fish game.--
270	(1)  All wildlife, game and freshwater fish, and saltwater
271	fish seized under the authority of this chapter, any other
272	chapter, or rules of the commission shall, upon conviction of
273	the offender or sooner in accordance with a court order if the
274	court so orders, be forfeited to the investigating law
275	enforcement agency. The law enforcement agency may elect to
276	retain the wildlife, freshwater fish, or saltwater fish for the
277	agency's official use; transfer it to another unit of state or
278	local government for official use; donate it to a charitable
279	organization; sell it at public sale, pursuant to the provisions
280	of s. 705.103; or destroy the wildlife, freshwater fish, or
281	saltwater fish if none of the other options are practicable or
282	if the wildlife, freshwater fish, or saltwater fish is
283	unwholesome or otherwise not of appreciable value. All live
284	wildlife, freshwater fish, and saltwater fish, the possession of
285	which is unlawful, shall be properly documented as evidence as
286	provided in s. 372.731, and returned to the habitat unharmed,
287	except that nonnative species may be released only as allowed by
288	rules of the commission. Any unclaimed wildlife, freshwater
289	fish, or saltwater fish shall be retained by the investigating
290	law enforcement agency and disposed of in accordance with the
291	above provisions and given to some hospital or charitable
292	institution and receipt therefor sent to the Fish and Wildlife
293	Conservation Commission.
294	(2)  All furs or hides or fur-bearing animals seized under
295	the authority of this chapter shall, upon conviction of the
296	offender, be forfeited and sent to the commission, which shall
297	sell the same and deposit the proceeds of such sale to the
298	credit of the State Game Trust Fund or into the commission's
299	Federal Law Enforcement Trust Fund as provided in s. 372.107, as
300	applicable. If any such hides or furs are seized and the
301	offender is unknown, the court shall order such hides or furs
302	sent to the Fish and Wildlife Conservation Commission, which
303	shall sell such hides and furs.
304	(3)  Except as otherwise provided, and deposit the proceeds
305	of any such sale pursuant to this section shall be remitted to
306	the Department of Revenue to be deposited to the credit of the
307	State Game Trust Fund or the Marine Resources Conservation Trust
308	Fund into the commission's Federal Law Enforcement Trust Fund as
309	provided in s. 372.107, as applicable.
310	(4)  Any state, municipal, or county law enforcement agency
311	that enforces or assists the commission in enforcing the
312	provisions of this chapter, which results in a forfeiture of
313	property as provided in this section, shall be entitled to
314	receive all or a share of any property based upon its
315	participation in such enforcement.
316	Section 9.  Section 372.731, Florida Statutes, is created
317	to read:
318	372.731  Photographs of illegally taken wildlife,
319	freshwater fish, and saltwater fish.--In any prosecution for a
320	violation of chapter 370, this chapter, or rules of the
321	commission, a photograph of the illegally taken wildlife,
322	freshwater fish, or saltwater fish may be deemed competent
323	evidence of such property and may be admissible in the
324	prosecution to the same extent as if such wildlife, freshwater
325	fish, or saltwater fish were introduced as evidence. Such
326	photograph shall bear a written description of the wildlife,
327	freshwater fish, or saltwater fish alleged to have been
328	illegally taken, the name of the violator, the location where
329	the alleged wrongful taking occurred, the name of the
330	investigating law enforcement officer, the date the photograph
331	was taken, and the name of the photographer. Such writing shall
332	be made under oath by the investigating law enforcement officer,
333	and the photograph shall be identified by the signature of the
334	photographer.
335	Section 10.  Subsection (5) of section 372.9901, Florida
336	Statutes, is amended to read:
337	372.9901  Seizure of illegal hunting devices; disposition;
338	notice; forfeiture.--In order to protect the state's wildlife
339	resources, any vehicle, vessel, animal, gun, light, or other
340	hunting device used or attempted to be used in connection with,
341	as an instrumentality of, or in aiding and abetting in the
342	commission of an offense prohibited by s. 372.99 is subject to
343	seizure and forfeiture. The provisions of chapter 932 do not
344	apply to any seizure or forfeiture under this section. For
345	purposes of this section, a conviction is any disposition other
346	than acquittal or dismissal.
347	(5)  All amounts received from the sale or other
348	disposition of the property shall be paid into the State Game
349	Trust Fund or into the commission's Federal Law Enforcement
350	Trust Fund as provided in s. 372.107, as applicable. If the
351	property is not sold or converted, it shall be delivered to the
352	executive director of the commission.
353	Section 11.  Subsection (3) of section 372.9904, Florida
354	Statutes, is amended to read:
355	372.9904  Seizure of illegal transportation devices;
356	disposition; appraisal; forfeiture.--
357	(3)  Upon conviction of the violator, the property, if
358	owned by the person convicted, shall be forfeited to the state
359	under the procedure set forth in ss. 370.061 and 370.07, when
360	not inconsistent with this section. All amounts received from
361	the sale or other disposition of the property shall be paid into
362	the State Game Trust Fund or into the commission's Federal Law
363	Enforcement Trust Fund as provided in s. 372.107, as applicable.
364	If the property is not sold or converted, it shall be delivered
365	to the director of the Fish and Wildlife Conservation
366	Commission.
367	Section 12.  Paragraph (e) of subsection (6) of section
368	932.7055, Florida Statutes, is amended to read:
369	932.7055  Disposition of liens and forfeited property.--
370	(6)  If the seizing agency is a state agency, all remaining
371	proceeds shall be deposited into the General Revenue Fund.
372	However, if the seizing agency is:
373	(e)  The Fish and Wildlife Conservation Commission, the
374	proceeds accrued pursuant to the provisions of the Florida
375	Contraband Forfeiture Act shall be deposited into the State Game
376	Trust Fund as provided in ss. 372.73, 372.9901, and 372.9904,
377	into the Marine Resources Conservation Trust Fund as provided in
378	s. 370.061, or into the commission's Federal Law Enforcement
379	Trust Fund as provided in s. 372.107, as applicable.
380	Section 13.  Subsection (1) of section 253.002, Florida
381	Statutes, is amended to read:
382	253.002  Department of Environmental Protection, water
383	management districts, and Department of Agriculture and Consumer
384	Services; duties with respect to state lands.--
385	(1)  The Department of Environmental Protection shall
386	perform all staff duties and functions related to the
387	acquisition, administration, and disposition of state lands,
388	title to which is or will be vested in the Board of Trustees of
389	the Internal Improvement Trust Fund. However, upon the effective
390	date of rules adopted pursuant to s. 373.427, a water management
391	district created under s. 373.069 shall perform the staff duties
392	and functions related to the review of any application for
393	authorization to use board of trustees-owned submerged lands
394	necessary for an activity regulated under part IV of chapter 373
395	for which the water management district has permitting
396	responsibility as set forth in an operating agreement adopted
397	pursuant to s. 373.046(4); and the Department of Agriculture and
398	Consumer Services shall perform the staff duties and functions
399	related to the review of applications and compliance with
400	conditions for use of board of trustees-owned submerged lands
401	under authorizations or leases issued pursuant to ss. 253.67-
402	253.75 and 597.010. Unless expressly prohibited by law, the
403	board of trustees may delegate to the department any statutory
404	duty or obligation relating to the acquisition, administration,
405	or disposition of lands, title to which is or will be vested in
406	the board of trustees. The board of trustees may also delegate
407	to any water management district created under s. 373.069 the
408	authority to take final agency action, without any action on
409	behalf of the board, on applications for authorization to use
410	board of trustees-owned submerged lands for any activity
411	regulated under part IV of chapter 373 for which the water
412	management district has permitting responsibility as set forth
413	in an operating agreement adopted pursuant to s. 373.046(4).
414	This water management district responsibility under this
415	subsection shall be subject to the department's general
416	supervisory authority pursuant to s. 373.026(7). The board of
417	trustees may also delegate to the Department of Agriculture and
418	Consumer Services the authority to take final agency action on
419	behalf of the board on applications to use board of trustees-
420	owned submerged lands for any activity for which that department
421	has responsibility pursuant to ss. 253.67-253.75 and 597.010.
422	However, the board of trustees shall retain the authority to
423	take final agency action on establishing any areas for leasing,
424	new leases, expanding existing lease areas, or changing the type
425	of lease activity in existing leases. Upon issuance of an
426	aquaculture lease or other real property transaction relating to
427	aquaculture, the Department of Agriculture and Consumer Services
428	must send a copy of the document and the accompanying survey to
429	the Department of Environmental Protection. Unless otherwise
430	expressly superseded, the board of trustees may also delegate to
431	the Fish and Wildlife Conservation Commission the authority to
432	take final agency action, without any action on behalf of the
433	board, on applications for authorization to use board of
434	trustees-owned submerged lands for any activity regulated under
435	ss. 369.20 and 369.22. The amendments to section 253.002,
436	Florida Statutes, in this act prevail over any conflicting
437	amendments to that section contained in SB 1294 and enacted
438	during the 2008 Regular Session.
439	Section 14.  (1)  Except as otherwise provided in
440	subsection (2), all of the powers, duties, functions, records,
441	personnel, and property; unexpended balances of appropriations,
442	allocations, and other funds; administrative authority;
443	administrative rules; pending issues; and existing contracts of
444	the Bureau of Invasive Plant Management in the Department of
445	Environmental Protection are transferred by a type two transfer,
446	pursuant to s. 20.06(2), Florida Statutes, to the Fish and
447	Wildlife Conservation Commission.
448	(2)  The statutory powers, duties, and functions of the
449	Bureau of Invasive Plant Management in the Department of
450	Environmental Protection under ss. 369.25 and 369.251, Florida
451	Statutes, are transferred to the Department of Agriculture and
452	Consumer Services.
453	Section 15.  Section 327.803, Florida Statutes, is
454	repealed.
455	Section 16.  Section 372.107, Florida Statutes, is
456	repealed.
457	Section 17.  This act shall take effect July 1, 2008.

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