Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1004
       
       
       
       
       
       
                                Barcode 776472                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Constantine) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (d) of subsection (1) and
    6  paragraph (c) of subsection (5) of section 380.0558, Florida
    7  Statutes, are amended to read:
    8         380.0558 Coral reef restoration.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Coral reefs” means:
   11         1.Limestone structures composed in whole or in part of
   12  living stony corals, their skeletal remains, or both, and
   13  hosting other coral, associated benthic invertebrates, and
   14  plants; or
   15         2.Hard-bottom communities, also known as live bottom
   16  habitat or colonized pavement, characterized by the presence of
   17  stony coral and associated reef organisms or worm reefs created
   18  by the Phragmatopoma species the assemblage of corals and other
   19  organisms that are actively building three-dimensional reef
   20  structures off the southern coast of Florida.
   21         (d) “Natural resources” means land, air, water,
   22  groundwater, drinking water supplies, fish and their habitats,
   23  wildlife and their habitats, biota, and other such resources
   24  belonging to, managed by, held in trust by, appertaining to, or
   25  otherwise controlled by the state State of Florida and situated
   26  in an area of critical state concern or offshore from an area of
   27  critical state concern.
   28         (5) TRUST FUND EXPENDITURES.—Moneys in the fund received
   29  from damages recovered for injury to, or destruction of, coral
   30  reefs or natural resources shall be expended only for the
   31  following purposes:
   32         (c) To pay for alternative projects selected by the
   33  Department of Environmental Protection as staff to the Board of
   34  Trustees of the Internal Improvement Trust Fund. Any such
   35  project shall be selected on the basis of its anticipated
   36  benefits to the residents of this state who used the injured or
   37  destroyed coral reefs or other natural resources or will benefit
   38  from the alternative project.
   39         Section 2. Section 380.29, Florida Statutes, is created to
   40  read:
   41         380.29Coral reef protection.—
   42         (1)This section may be cited as the “Florida Coral Reef
   43  Protection Act.”
   44         (2)As used in this section, the term:
   45         (a)“Aggravating circumstances” means operating, anchoring,
   46  or mooring a vessel in a reckless or wanton manner; under the
   47  influence of drugs or alcohol; or otherwise with disregard for
   48  boating regulations concerning speed, navigation, or safe
   49  operation.
   50         (b)“Coral” means species of the phylum Cnidaria found in
   51  state waters including:
   52         1.Class Anthozoa, including the subclass Octocorallia,
   53  commonly known as gorgonians, soft corals, and telestaceans; and
   54         2.Orders Scleractinia, commonly known as stony corals;
   55  Stolonifera, including, among others, the organisms commonly
   56  known as organ-pipe corals; Antipatharia, commonly known as
   57  black corals; and Hydrozoa, including the family Millaporidae
   58  and family Stylasteridae, commonly known as hydrocoral.
   59         (c)“Coral reefs” mean:
   60         1.Limestone structures composed wholly or partially of
   61  living stony corals, their skeletal remains, or both, and
   62  hosting other coral, associated benthic invertebrates, and
   63  plants; or
   64         2.Hard-bottom communities, also known as live bottom
   65  habitat or colonized pavement, characterized by the presence of
   66  stony coral and associated reef organisms or worm reefs created
   67  by the Phragmatopoma species.
   68         (d)“Damages” means moneys paid by any person or entity,
   69  whether voluntarily or as a result of administrative or judicial
   70  action, to the state as compensation, restitution, penalty, or
   71  mitigation for causing injury to or destruction of coral reefs.
   72         (e)“Department” means the Department of Environmental
   73  Protection.
   74         (f)“Responsible party” means the owner, operator, manager,
   75  or insurer of any vessel.
   76         (3)The Legislature finds that coral reefs are valuable
   77  natural resources that contribute ecologically, aesthetically,
   78  and economically to the state. Therefore, the Legislature
   79  declares it is in the best interest of the state to clarify the
   80  department’s powers and authority to protect coral reefs through
   81  timely and efficient recovery of monetary damages resulting from
   82  vessel groundings and anchoring-related injuries. It is the
   83  intent of the Legislature that the department, as staff to the
   84  Board of Trustees of the Internal Improvement Trust Fund and by
   85  virtue of its own regulatory powers, be recognized as the
   86  state’s lead trustee for coral reef resources associated with
   87  sovereignty submerged lands unless preempted by federal law.
   88  This section does not divest other state agencies and political
   89  subdivisions of the state of their interests in protecting coral
   90  reefs.
   91         (4)The responsible party who knows or should know that
   92  their vessel has run aground, struck, or otherwise damaged coral
   93  reefs must notify the department of such an event within 24
   94  hours after its occurrence. Unless otherwise prohibited or
   95  restricted by the United States Coast Guard, the responsible
   96  party shall remove or cause the removal of the grounded or
   97  anchored vessel within 72 hours after the initial grounding or
   98  anchoring absent extenuating circumstances, such as weather, sea
   99  state, or hazards that would prevent safe removal of the vessel.
  100  The responsible party shall remove or cause the removal of the
  101  vessel or its anchor in a manner that avoids further damage to
  102  coral reefs and shall consult with the department to accomplish
  103  this task. The responsible party shall cooperate with the
  104  department to undertake damage assessment and primary
  105  restoration of the coral reef in a timely fashion.
  106         (5)In any action or suit initiated pursuant to chapter 253
  107  or chapter 403 for damage to coral reefs, the department, acting
  108  on its own behalf or on the behalf of the Board of Trustees of
  109  the Internal Improvement Trust Fund, as appropriate, may recover
  110  all damages from the responsible party, including, but not
  111  limited to:
  112         (a)Compensation for the cost of replacing, restoring, or
  113  acquiring the equivalent of the coral reef injured and the value
  114  of the lost use and services of the coral reef pending its
  115  restoration, replacement or acquisition of the equivalent coral
  116  reef, or the value of the coral reef if the coral reef cannot be
  117  restored or replaced or if the equivalent cannot be acquired.
  118         (b)The cost of damage assessments, including staff time.
  119         (c)The cost of activities undertaken by or at the request
  120  of the department to minimize or prevent further injury to coral
  121  or coral reefs pending restoration, replacement, or acquisition
  122  of an equivalent.
  123         (d)The reasonable cost of monitoring the injured,
  124  restored, or replaced coral reef for at least 10 years.
  125         (e)The cost of enforcement actions undertaken in response
  126  to the destruction or loss of or injury to a coral reef,
  127  including court costs, attorney’s fees, and expert witness fees.
  128         (6)The department may use habitat equivalency analysis as
  129  the method by which the compensation described in subsection (5)
  130  is calculated. The parameters for calculation by this method may
  131  be prescribed by rule adopted by the department.
  132         (7)In addition to the compensation described in subsection
  133  (5), the department may assess, per occurrence, civil penalties
  134  according the following schedule:
  135         (a)For failure to notify the department in accordance with
  136  subsection (4), $500.
  137         (b)For any anchoring of a vessel on a coral reef on
  138  sovereignty submerged lands or for any other damage to a coral
  139  reef totaling less than or equal to an area of 1 square meter,
  140  $150; with aggravating circumstances, an additional $150;
  141  occurring within a state park or aquatic preserve, an additional
  142  $150.
  143         (c)For damage totaling more than an area of 1 square meter
  144  but less than or equal to an area of 10 square meters, $300 per
  145  square meter; with aggravating circumstances, an additional $300
  146  per square meter; occurring within a state park or aquatic
  147  preserve, an additional $300 per square meter.
  148         (d)For damage exceeding an area of 10 square meters,
  149  $1,000 per square meter; with aggravating circumstances, an
  150  additional $1,000 per square meter; occurring within a state
  151  park or aquatic preserve, an additional $1,000 per square meter.
  152         (e)For a second violation, the total penalty may be
  153  doubled.
  154         (f)For a third violation, the total penalty may be
  155  tripled.
  156         (g)For any violation after a third violation, the total
  157  penalty may be quadrupled.
  158         (h)The total of penalties levied may not exceed $250,000
  159  per occurrence.
  160         (8)To carry out the intent of this section, the department
  161  may enter into delegation agreements with another state agency
  162  or any coastal county with coral reefs within its jurisdiction.
  163  In deciding to execute such agreements, the department must
  164  consider the ability of the potential delegee to adequately and
  165  competently perform the duties required to fulfill the intent of
  166  this section. When such agreements are executed by the parties
  167  and incorporated in department rule, the delegee shall have all
  168  rights accorded the department by this section. Nothing herein
  169  shall be construed to require the department, another state
  170  agency, or a coastal county to enter into such an agreement.
  171         (9) Nothing in this section shall be construed to prevent
  172  the department or other state agencies from entering into
  173  agreements with federal authorities related to the
  174  administration of the Florida Keys National Marine Sanctuary.
  175         (10)The department may adopt rules pursuant to ss. 120.536
  176  and 120.54 to administer this section.
  177         Section 3. Paragraph (b) of subsection (2) of section
  178  403.1651, Florida Statutes, is amended to read:
  179         403.1651 Ecosystem Management and Restoration Trust Fund.—
  180         (2) The trust fund shall be used for the deposit of all
  181  moneys recovered by the state:
  182         (b) For injury to or destruction of coral reefs, which
  183  moneys would otherwise be deposited into the General Revenue
  184  Fund or the Internal Improvement Trust Fund. The department may
  185  enter into settlement agreements that require responsible
  186  parties to pay a third party to fund projects related to the
  187  restoration of a coral reef, to accomplish mitigation for injury
  188  to a coral reef, or to support the activities of law enforcement
  189  agencies related to coral reef injury response, investigation
  190  and assessment. Participation of a law enforcement agency in the
  191  receipt of funds through this mechanism shall be at the law
  192  enforcement agency’s discretion
  193         Section 4. Subsection (3) of section 253.04, Florida
  194  Statutes, is repealed.
  195         Section 5. This act shall take effect July 1, 2009.
  196  
  197  
  198  ================= T I T L E  A M E N D M E N T ================
  199         And the title is amended as follows:
  200         Delete lines 2 - 6
  201  and insert:
  202         An act relating to coral reefs; amending s. 380.0558, F.S.;
  203  revising definitions; providing that moneys in the Ecosystem
  204  Management and Restoration Trust Fund within the Department of
  205  Environmental Protection received from damages recovered for
  206  injury to coral reefs are expended to pay for alternative
  207  projects selected by the department as staff to the Board of
  208  Trustees of the Internal Improvement Trust Fund; creating s.
  209  380.29, F.S.; providing a short title; providing definitions;
  210  providing legislative intent; requiring responsible parties to
  211  notify the department if their vessel runs aground or damages a
  212  coral reef; requiring the responsible party to remove the
  213  vessel; requiring the responsible party to cooperate with the
  214  department to assess the damage and restore the coral reef;
  215  authorizing the department to recover damages from the
  216  responsible party; authorizing the department to use a certain
  217  method to calculate compensation for damage of coral reefs;
  218  authorizing the department to assess civil penalties;
  219  authorizing the department to enter into delegation agreements;
  220  authorizing the department to adopt rules; amending s. 403.1651,
  221  F.S.; authorizing the department to enter into settlement
  222  agreements that require responsible parties to pay another
  223  government entity or nonprofit organization to fund projects
  224  consistent with the conservation or protection of coral reefs;
  225  repealing s. 253.04, F.S., relating to the duty of Board of
  226  Trustees of the Internal Improvement Trust Fund to protect state
  227  lands;providing an effective date.
  228