CS/CS/HB 1423

1	A bill to be entitled
2	An act relating to the Fish and Wildlife Conservation
3	Commission; amending s. 206.606, F.S.; transferring
4	authority from the Department of Revenue to the Fish and
5	Wildlife Conservation Commission to allocate funds from
6	the Invasive Plant Control Trust Fund for specified
7	purposes; amending s. 253.002, F.S.; authorizing the Board
8	of Trustees of the Internal Improvement Trust Fund to
9	delegate certain authority relating to aquatic and
10	noninvasive plants to the Department of Agriculture and
11	Consumer Services and the Fish and Wildlife Conservation
12	Commission; amending s. 253.04, F.S.; providing for the
13	preservation and regeneration of seagrasses; providing
14	definitions; providing penalties; amending s. 319.32,
15	F.S.; increasing the certificate of title fee for certain
16	vehicles; amending s. 320.08056, F.S.; increasing the
17	annual use fee for certain specialty license plates;
18	amending s. 327.02, F.S.; revising the definition of the
19	term "live-aboard vessel"; amending s. 327.35, F.S.;
20	revising penalties for boating under the influence of
21	alcohol; revising the blood-alcohol level or breath-
22	alcohol level at which certain penalties apply; amending
23	s. 327.36, F.S.; revising a prohibition against accepting
24	a plea to a lesser included offense from a person who is
25	charged with certain offenses involving the operation of a
26	vessel; revising the blood-alcohol level or breath-alcohol
27	level at which the prohibition applies; amending s.
28	327.395, F.S.; revising the age limitation for the
29	operation of specified vessels; revising provisions
30	relating to boating safety identification cards; providing
31	exemptions and penalties; providing a short title;
32	amending s. 327.40, F.S.; revising provisions for
33	placement of navigation, safety, and informational markers
34	of waterways; providing for uniform waterway markers;
35	amending s. 327.41, F.S., relating to placement of markers
36	by a county, municipality, or other governmental entity;
37	revising terminology; providing for a county,
38	municipality, or other governmental entity that has been
39	granted or has adopted or established a boating-restricted
40	area to apply for permission to place regulatory markers;
41	amending s. 327.42, F.S.; revising provisions prohibiting
42	mooring to or damaging markers or buoys; amending s.
43	327.46, F.S.; revising provisions for establishment by the
44	Fish and Wildlife Conservation Commission of boating-
45	restricted areas; providing for counties and
46	municipalities to establish boating-restricted areas with
47	approval of the commission; directing the commission to
48	adopt rules; revising a prohibition against operating a
49	vessel in a prohibited manner in a boating-restricted
50	area; amending s. 327.60, F.S.; revising provisions
51	limiting local regulations relating to vessels operated
52	upon the waters of this state; prohibiting specified
53	county or municipality ordinances or regulations; amending
54	s. 327.65, F.S.; conforming a cross-reference; creating s.
55	327.66, F.S.; prohibiting possessing or operating a vessel
56	equipped with certain fuel containers or related
57	equipment; prohibiting transporting fuel in a vessel
58	except in compliance with certain federal regulations;
59	providing penalties; declaring fuel transported in
60	violation of such prohibitions to be a public nuisance and
61	directing the enforcing agency to abate the nuisance;
62	providing for disposal of the containers and fuel;
63	declaring conveyances, vessels, vehicles, and equipment
64	used in such violation to be contraband; providing for
65	seizure of the contraband; defining the term "conviction"
66	for specified purposes; providing for the costs to remove
67	fuel, containers, vessels, and equipment to be paid by the
68	owner; providing that a person who fails to pay such cost
69	shall not be issued a certificate of registration for a
70	vessel or motor vehicle; providing an exemption; amending
71	s. 327.70, F.S.; authorizing municipal police officers and
72	specified law enforcement officers to enforce the
73	provisions of chs. 327 and 328; providing for enforcement
74	of noncriminal violations by citation mailed to the owner
75	of a vessel; specifying responsibility for citations
76	issued to livery vessels; amending s. 327.73, F.S.;
77	revising provisions for citation of a noncriminal
78	infraction to provide for violations relating to boating-
79	restricted areas and speed limits; revising provisions
80	relating to establishment of such limits by counties and
81	municipalities; providing civil penalties for seagrass
82	scarring; amending s. 327.731, F.S.; conforming a cross-
83	reference; amending s. 328.03, F.S.; requiring vessels
84	used or stored on the waters of this state to be titled by
85	this state pursuant to specified provisions; providing
86	exceptions; amending s. 328.07, F.S.; requiring certain
87	vessels used or stored on the waters of this state to have
88	affixed a hull identification number; amending ss. 328.46,
89	328.48, and 328.56, F.S.; requiring vessels operated,
90	used, or stored on the waters of this state to be
91	registered and display the registration number; providing
92	exceptions; amending s. 328.58, F.S., relating to
93	reciprocity of nonresident or alien vessels; requiring the
94	owner of a vessel with a valid registration from another
95	state, a vessel with a valid registration from the United
96	States Coast Guard in another state, or a federally
97	documented vessel from another state to record the
98	registration number with the Department of Highway Safety
99	and Motor Vehicles when using or storing the vessel on the
100	waters of this state in excess of the 90-day reciprocity
101	period; amending s. 328.60, F.S.; providing an exception
102	to registration requirements for military personnel using
103	or storing on the waters of this state a vessel with a
104	valid registration from another state, a vessel with a
105	valid registration from the United States Coast Guard in
106	another state, or a federally documented vessel from
107	another state; amending s. 328.65, F.S.; revising
108	legislative intent with respect to registration and
109	numbering of vessels; amending s. 328.66, F.S.;
110	authorizing a county to impose an annual registration fee
111	on vessels used on the waters of this state within its
112	jurisdiction; amending s. 328.72, F.S.; providing
113	noncriminal penalties for use or storage of a previously
114	registered vessel after the expiration of the registration
115	period; amending ss. 369.20, 369.22, and 369.25, F.S.;
116	authorizing the commission to enforce specified provisions
117	relating to aquatic weeds and plants; granting certain
118	activities a mixing zone for turbidity; amending s.
119	379.304, F.S.; revising cross-references for permitting
120	and violation provisions relating to the exhibition or
121	sale of wildlife; amending s. 379.338, F.S.; providing for
122	confiscation and disposition of illegally taken wildlife,
123	freshwater fish, or saltwater fish; providing for
124	disposition of the proceeds from sales; providing for an
125	agency that assists in the enforcement action to receive a
126	portion or all of any forfeited property; creating s.
127	379.3381, F.S.; providing for photographs of wildlife,
128	freshwater fish, and saltwater fish to be used as evidence
129	in a prosecution in lieu of the wildlife, freshwater fish,
130	or saltwater fish; amending s. 379.354, F.S.; authorizing
131	the commission to use proceeds of specified hunting,
132	fishing, and recreational licenses for certain purposes;
133	increasing the fee amounts for waterfowl, wild turkey,
134	snook, spiny lobster, management area, special use, and
135	recreational user permits; providing for a management area
136	permit and fee for outdoor recreational activities other
137	than hunting and fishing; providing for a deer permit and
138	fee; requiring the commission to prepare an annual report
139	and submit the report to the Governor and the Legislature;
140	providing report requirements; amending s. 379.3671, F.S.;
141	revising provisions for abandonment and reversion of
142	lobster trap certificates under specified conditions;
143	amending s. 379.3751, F.S.; specifying activities relating
144	to the taking and possession of alligators that require a
145	license and payment of the applicable fee; deleting
146	provisions relating to the issuance, form, and content of
147	such licenses; amending s. 379.3761, F.S.; providing
148	penalties for violations relating to the exhibition or
149	sale of wildlife; amending s. 379.3762, F.S.; revising a
150	cross-reference with respect to the penalties imposed for
151	violations relating to the personal possession of
152	wildlife; amending s. 379.401, F.S.; revising
153	applicability of violation provisions relating to
154	alligators and crocodiles; conforming references to
155	wildlife; amending s. 379.4015, F.S.; specifying
156	applicability of captive wildlife penalty provisions
157	relating to the exhibition or sale of wildlife; creating
158	s. 379.501, F.S.; providing penalties for violations
159	relating to aquatic weeds and plants; providing
160	legislative intent for civil penalties and criminal fines
161	imposed by a court; creating s. 379.502, F.S.; providing
162	judicial and administrative procedures and remedies to
163	enforce penalty provisions for violations relating to
164	aquatic weeds and plants; providing for mediation;
165	providing for recovery of costs and attorney's fees;
166	requiring proceeds from related penalties to be credited
167	to the Invasive Plant Control Trust Fund; creating s.
168	379.503, F.S.; authorizing the commission to seek
169	injunctive relief; providing that judicial and
170	administrative remedies are alternative and mutually
171	exclusive; creating s. 379.504, F.S.; providing civil
172	penalties for violations relating to aquatic weeds and
173	plants; authorizing a court to impose a civil penalty for
174	each offense not to exceed a specified amount; providing
175	for joint and several liability; providing for a
176	methodology for assessing certain damages; amending s.
177	403.088, F.S.; requiring the commission to approve an
178	aquatic weeds and algae control program; directing the
179	commission, in consultation with the Department of
180	Environmental Protection, to establish a pilot program to
181	explore options for regulating the anchoring or mooring of
182	non-live-aboard vessels outside the marked boundaries of
183	public mooring fields; providing geographic locations for
184	the pilot program; providing goals and procedures;
185	providing duties of the commission; requiring a report to
186	the Governor and the Legislature; providing for expiration
187	of the pilot program and any ordinance enacted thereunder;
188	providing for construction; providing for a type two
189	transfer of the Bureau of Invasive Plant Management within
190	the Department of Environmental Protection to the Fish and
191	Wildlife Conservation Commission; ratifying actions taken
192	pursuant to ch. 2008-150, Laws of Florida, and an
193	interagency agreement executed pursuant thereto;
194	transferring the Invasive Plant Control Trust Fund within
195	the Department of Environmental Protection to the Fish and
196	Wildlife Conservation Commission; providing a continuing
197	appropriation to the commission for the costs associated
198	with the shoreline fishing license exemption; reenacting
199	s. 379.209(2)(a), F.S., relating to funds credited to the
200	Nongame Wildlife Trust Fund, to incorporate an amendment
201	made to s. 319.32, F.S., in a reference thereto;
202	reenacting s. 379.3581(7), F.S., relating to hunting
203	safety, to incorporate the amendment made to s. 379.353,
204	F.S., in a reference thereto; reenacting ss. 379.2213,
205	379.3501, and 379.3712, F.S., relating to management area
206	permit revenues, expiration of licenses and permits, and
207	commercial hunting preserve licenses, respectively, to
208	incorporate the amendment made to s. 379.354, F.S., in
209	references thereto; creating s. 403.9335, F.S.; creating
210	the "Florida Coral Reef Protection Act"; providing
211	definitions; providing legislative intent; requiring
212	responsible parties to notify the Department of
213	Environmental Protection if their vessel runs aground or
214	damages a coral reef; requiring the responsible party to
215	remove the vessel; requiring the responsible party to
216	cooperate with the department to assess the damage and
217	restore the coral reef; authorizing the department to
218	recover damages from the responsible party; authorizing
219	the department to use a certain method to calculate
220	compensation for damage of coral reefs; authorizing the
221	department to assess civil penalties; authorizing the
222	department to enter into delegation agreements; providing
223	that moneys collected from damages and civil penalties for
224	injury to coral reefs be deposited in the Ecosystem
225	Management and Restoration Trust Fund within the
226	Department of Environmental Protection; providing
227	requirements; authorizing the department to adopt rules;
228	amending s. 403.1651, F.S.; authorizing the department to
229	enter into settlement agreements that require responsible
230	parties to pay another government entity or nonprofit
231	organization to fund projects consistent with the
232	conservation or protection of coral reefs; repealing s.
233	253.04(3), F.S., relating to civil penalties for damage to
234	coral reefs; repealing s. 380.0558, F.S., relating to
235	coral reef restoration; repealing s. 327.22, F.S.;
236	relating to regulation of vessels by municipalities or
237	counties; repealing ss. 379.2211 and 379.2212, F.S.,
238	relating to Florida waterfowl permit revenues and Florida
239	wild turkey permit revenues, respectively; repealing s.
240	379.366(7), F.S., to abrogate the expiration of provisions
241	imposing blue crab effort management program fees and
242	penalties; providing effective dates.
243
244	Be It Enacted by the Legislature of the State of Florida:
245
246	Section 1.  Paragraph (a) of subsection (1) of section
247	206.606, Florida Statutes, is amended to read:
248	206.606  Distribution of certain proceeds.--
249	(1)  Moneys collected pursuant to ss. 206.41(1)(g) and
250	206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
251	Fund. Such moneys, after deducting the service charges imposed
252	by s. 215.20, the refunds granted pursuant to s. 206.41, and the
253	administrative costs incurred by the department in collecting,
254	administering, enforcing, and distributing the tax, which
255	administrative costs may not exceed 2 percent of collections,
256	shall be distributed monthly to the State Transportation Trust
257	Fund, except that:
258	(a)  $6.30 million shall be transferred to the Fish and
259	Wildlife Conservation Commission in each fiscal year and
260	deposited in the Invasive Plant Control Trust Fund to be used
261	for aquatic plant management, including nonchemical control of
262	aquatic weeds, research into nonchemical controls, and
263	enforcement activities. Beginning in fiscal year 1993-1994, The
264	commission department shall allocate at least $1 million of such
265	funds to the eradication of melaleuca.
266	Section 2.  Subsection (1) of section 253.002, Florida
267	Statutes, is amended to read:
268	253.002  Department of Environmental Protection, water
269	management districts, Fish and Wildlife Conservation Commission,
270	and Department of Agriculture and Consumer Services; duties with
271	respect to state lands.--
272	(1)  The Department of Environmental Protection shall
273	perform all staff duties and functions related to the
274	acquisition, administration, and disposition of state lands,
275	title to which is or will be vested in the Board of Trustees of
276	the Internal Improvement Trust Fund. However, upon the effective
277	date of rules adopted pursuant to s. 373.427, a water management
278	district created under s. 373.069 shall perform the staff duties
279	and functions related to the review of any application for
280	authorization to use board of trustees-owned submerged lands
281	necessary for an activity regulated under part IV of chapter 373
282	for which the water management district has permitting
283	responsibility as set forth in an operating agreement adopted
284	pursuant to s. 373.046(4); and the Department of Agriculture and
285	Consumer Services shall perform the staff duties and functions
286	related to the review of applications and compliance with
287	conditions for use of board of trustees-owned submerged lands
288	under authorizations or leases issued pursuant to ss. 253.67-
289	253.75 and 597.010. Unless expressly prohibited by law, the
290	board of trustees may delegate to the department any statutory
291	duty or obligation relating to the acquisition, administration,
292	or disposition of lands, title to which is or will be vested in
293	the board of trustees. The board of trustees may also delegate
294	to any water management district created under s. 373.069 the
295	authority to take final agency action, without any action on
296	behalf of the board, on applications for authorization to use
297	board of trustees-owned submerged lands for any activity
298	regulated under part IV of chapter 373 for which the water
299	management district has permitting responsibility as set forth
300	in an operating agreement adopted pursuant to s. 373.046(4).
301	This water management district responsibility under this
302	subsection shall be subject to the department's general
303	supervisory authority pursuant to s. 373.026(7). The board of
304	trustees may also delegate to the Department of Agriculture and
305	Consumer Services the authority to take final agency action on
306	behalf of the board on applications to use board of trustees-
307	owned submerged lands for any activity for which that department
308	has responsibility pursuant to ss. 253.67-253.75, 369.25,
309	369.251, and 597.010. However, the board of trustees shall
310	retain the authority to take final agency action on establishing
311	any areas for leasing, new leases, expanding existing lease
312	areas, or changing the type of lease activity in existing
313	leases. Upon issuance of an aquaculture lease or other real
314	property transaction relating to aquaculture, the Department of
315	Agriculture and Consumer Services must send a copy of the
316	document and the accompanying survey to the Department of
317	Environmental Protection. The board of trustees may also
318	delegate to the Fish and Wildlife Conservation Commission the
319	authority to take final agency action, without any action on
320	behalf of the board, on applications for authorization to use
321	board of trustees-owned submerged lands for any activity
322	regulated under ss. s. 369.20 and 369.22.
323	Section 3.  Effective October 1, 2009, subsections (4)
324	through (7) of section 253.04, Florida Statutes, are renumbered
325	as subsections (5) through (8), respectively, and a new
326	subsection (4) is added to that section to read:
327	253.04  Duty of board to protect, etc., state lands; state
328	may join in any action brought.--
329	(4)(a)  The duty to conserve and improve state-owned lands
330	and the products thereof shall include the preservation and
331	regeneration of seagrass, which is deemed essential to the
332	oceans, gulfs, estuaries, and shorelines of the state. A person
333	operating a vessel outside a lawfully marked channel in a
334	careless manner that causes seagrass scarring within an aquatic
335	preserve established in ss. 258.39-258.399, with the exception
336	of the Lake Jackson, Oklawaha River, Wekiva River, and Rainbow
337	Springs aquatic preserves, commits a noncriminal infraction,
338	punishable as provided in s. 327.73. Each violation is a
339	separate offense. As used in this subsection, the term:
340	1.  "Seagrass" means Cuban shoal grass (Halodule wrightii),
341	turtle grass (Thalassia testudinum), manatee grass (Syringodium
342	filiforme), star grass (Halophila engelmannii), paddle grass
343	(Halophila decipiens), Johnson's seagrass (Halophila johnsonii),
344	or widgeon grass (Ruppia maritima).
345	2.  "Seagrass scarring" means destruction of seagrass
346	roots, shoots, or stems that results in tracks on the substrate
347	commonly referred to as prop scars or propeller scars caused by
348	the operation of a motorized vessel in waters supporting
349	seagrasses.
350	(b)  Any violation under paragraph (a) is a violation of
351	the vessel laws of this state and shall be charged on a uniform
352	boating citation as provided in s. 327.74. Any person who
353	refuses to post a bond or accept and sign a uniform boating
354	citation commits a misdemeanor of the second degree, as provided
355	in s. 327.73(3), punishable as provided in s. 775.082 or s.
356	775.083.
357	Section 4.  Effective September 1, 2009, subsection (3) of
358	section 319.32, Florida Statutes, is amended to read:
359	319.32  Fees; service charges; disposition.--
360	(3)  The department shall charge a fee of $10 $4 in
361	addition to that charged in subsection (1) for each original
362	certificate of title issued for a vehicle previously registered
363	outside this state.
364	Section 5.  Effective September 1, 2009, paragraphs (a) and
365	(x) of subsection (4) of section 320.08056, Florida Statutes,
366	are amended to read:
367	320.08056  Specialty license plates.--
368	(4)  The following license plate annual use fees shall be
369	collected for the appropriate specialty license plates:
370	(a)  Manatee license plate, $25 $20.
371	(x)  Conserve Wildlife license plate, $25 $15.
372	Section 6.  Subsection (17) of section 327.02, Florida
373	Statutes, is amended to read:
374	327.02  Definitions of terms used in this chapter and in
375	chapter 328.--As used in this chapter and in chapter 328, unless
376	the context clearly requires a different meaning, the term:
377	(17)  "Live-aboard vessel" means:
378	(a)  Any vessel used solely as a residence and not for
379	navigation; or
380	(b)  Any vessel represented as a place of business, or a
381	professional or other commercial enterprise;, or
382	(c)  Any vessel for which a declaration of domicile has
383	been filed pursuant to s. 222.17 a legal residence.
384
385	A commercial fishing boat is expressly excluded from the term
386	"live-aboard vessel."
387	Section 7.  Subsection (4) of section 327.35, Florida
388	Statutes, is amended to read:
389	327.35  Boating under the influence; penalties; "designated
390	drivers".--
391	(1)  A person is guilty of the offense of boating under the
392	influence and is subject to punishment as provided in subsection
393	(2) if the person is operating a vessel within this state and:
394	(a)  The person is under the influence of alcoholic
395	beverages, any chemical substance set forth in s. 877.111, or
396	any substance controlled under chapter 893, when affected to the
397	extent that the person's normal faculties are impaired;
398	(b)  The person has a blood-alcohol level of 0.08 or more
399	grams of alcohol per 100 milliliters of blood; or
400	(c)  The person has a breath-alcohol level of 0.08 or more
401	grams of alcohol per 210 liters of breath.
402	(4)  Any person who is convicted of a violation of
403	subsection (1) and who has a blood-alcohol level or breath-
404	alcohol level of 0.15 0.20 or higher, or any person who is
405	convicted of a violation of subsection (1) and who at the time
406	of the offense was accompanied in the vessel by a person under
407	the age of 18 years, shall be punished:
408	(a)  By a fine of:
409	1.  Not less than $1,000 or more than $2,000 for a first
410	conviction.
411	2.  Not less than $2,000 or more than $4,000 for a second
412	conviction.
413	3.  Not less than $4,000 for a third or subsequent
414	conviction.
415	(b)  By imprisonment for:
416	1.  Not more than 9 months for a first conviction.
417	2.  Not more than 12 months for a second conviction.
418
419	For the purposes of this subsection, only the instant offense is
420	required to be a violation of subsection (1) by a person who has
421	a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
422	higher.
423	Section 8.  Paragraph (a) of subsection (2) of section
424	327.36, Florida Statutes, is amended to read:
425	327.36  Mandatory adjudication; prohibition against
426	accepting plea to lesser included offense.--
427	(2)(a)  No trial judge may accept a plea of guilty to a
428	lesser offense from a person who is charged with a violation of
429	s. 327.35, manslaughter resulting from the operation of a
430	vessel, or vessel homicide and who has been given a breath or
431	blood test to determine blood or breath alcohol content, the
432	results of which show a blood-alcohol level or breath-alcohol
433	level of 0.15 0.16 or more.
434	Section 9.  Effective January 1, 2010, subsections (1),
435	(6), and (7) of section 327.395, Florida Statutes, are amended,
436	and subsection (12) is added to that section, to read:
437	327.395  Boating safety identification cards.--
438	(1)  A person born on or after January 1, 1988, 21 years of
439	age or younger may not operate a vessel powered by a motor of 10
440	horsepower or greater unless such person has in his or her
441	possession aboard the vessel photographic identification and a
442	boater safety identification card issued by the commission which
443	shows that he or she has:
444	(a)  Completed a commission-approved boater education
445	course that meets the minimum 8-hour instruction requirement
446	established by the National Association of State Boating Law
447	Administrators;
448	(b)  Passed a course equivalency examination approved by
449	the commission; or
450	(c)  Passed a temporary certificate examination developed
451	or approved by the commission.
452	(6)  A person is exempt from subsection (1) if he or she:
453	(a)  Is licensed by the United States Coast Guard to serve
454	as master of a vessel.
455	(b)  Operates a vessel only on a private lake or pond.
456	(c)  Is accompanied in the vessel by a person who is exempt
457	from this section or who holds an identification card in
458	compliance with this section, is 18 years of age or older, and
459	is attendant to the operation of the vessel and responsible for
460	the safe operation of the vessel and for any violation that
461	occurs during the operation.
462	(d)  Is a nonresident who has in his or her possession
463	proof that he or she has completed a boater education course or
464	equivalency examination in another state which meets or exceeds
465	the requirements of subsection (1).
466	(e)  Is operating a vessel within 90 days after the
467	purchase of that vessel and has available for inspection aboard
468	that vessel a bill of sale meeting the requirements of s.
469	328.46(1).
470	(f)(e)  Is exempted by rule of the commission.
471	(7)  A person who operates a vessel in violation of
472	subsection (1) commits violates this section is guilty of a
473	noncriminal infraction, punishable as provided in s. 327.73.
474	(12)  This section may be cited as the "Osmany 'Ozzie'
475	Castellanos Boating Safety Education Act."
476	Section 10.  Effective October 1, 2009, section 327.40,
477	Florida Statutes, is amended to read:
478	327.40  Uniform waterway markers for safety and navigation;
479	informational markers.--
480	(1)  Waters of this state Waterways in Florida which need
481	marking for safety or navigation purposes shall be marked only
482	in conformity with under the United States Aids to Navigation
483	System, 33 C.F.R. part 62. Until December 31, 2003, channel
484	markers and obstruction markers conforming to the Uniform State
485	Waterway Marking System, 33 C.F.R. subpart 66.10, may continue
486	to be used on waters of this state that are not navigable waters
487	of the United States.
488	(2)(a)  Application for marking inland lakes and state
489	waters and any navigable waters under concurrent jurisdiction of
490	the Coast Guard and the division shall be made to the division,
491	accompanied by a map locating the approximate placement of
492	markers, a list of the markers to be placed, a statement of the
493	specification of the markers, a statement of the purpose of
494	marking, and the names of persons responsible for the placement
495	and upkeep of such markers. The division will assist the
496	applicant to secure the proper permission from the Coast Guard
497	where required, make such investigations as needed, and issue a
498	permit. The division shall furnish the applicant with the
499	information concerning the system adopted and the rules existing
500	for placing and maintaining the markers. The division shall keep
501	records of all approvals given and counsel with individuals,
502	counties, municipalities, motorboat clubs, or other groups
503	desiring to mark waterways for safety and navigation purposes in
504	Florida.
505	(b)1.  No person or municipality, county, or other
506	governmental entity shall place any uniform waterway marker
507	safety or navigation markers in, on, or over the waters or
508	shores of the state without a permit from the division.
509	2.  The placement of information informational markers,
510	including, but not limited to, markers indicating end of boat
511	ramp, no swimming, swimming area, lake name, trash receptacle,
512	public health notice, or underwater hazard and canal,
513	regulatory, emergency, and special event markers, by counties,
514	municipalities, or other governmental entities on inland lakes
515	and their associated canals are exempt from permitting under
516	this section. Such markers, excluding swimming area and special
517	event markers, may be no more than 50 feet from the normal
518	shoreline.
519	(c)  The commission is authorized to adopt rules pursuant
520	to chapter 120 to implement this section.
521	(3)  The placement under this section or s. 327.41 of any
522	uniform waterway marker safety or navigation marker or any
523	informational marker under subparagraph (2)(b)2. on state
524	submerged lands under this section does not subject such lands
525	to the lease requirements of chapter 253.
526	Section 11.  Effective October 1, 2009, subsection (2) of
527	section 327.41, Florida Statutes, is amended to read:
528	327.41  Uniform waterway regulatory markers.--
529	(2)  Any county or municipality which has been granted a
530	boating-restricted restricted area designation, by rule of the
531	commission pursuant to s. 327.46(1)(a), for a portion of the
532	Florida Intracoastal Waterway within its jurisdiction or which
533	has adopted a boating-restricted restricted area by ordinance
534	pursuant to s. 327.46(1)(b) or (c) s. 327.22, s. 327.60, or s.
535	379.2431(2)(p), or any other governmental entity which has
536	legally established a boating-restricted restricted area, may
537	apply to the commission for permission to place regulatory
538	markers within the boating-restricted restricted area.
539	Section 12.  Effective October 1, 2009, section 327.42,
540	Florida Statutes, is amended to read:
541	327.42  Mooring to or damaging of uniform waterway markers
542	or buoys prohibited.--
543	(1)  No person shall moor or fasten a vessel to a lawfully
544	placed uniform waterway aid-to-navigation marker or buoy,
545	regulatory marker or buoy, or area boundary marker or buoy,
546	placed or erected by any governmental agency, except in case of
547	emergency or with the written consent of the marker's owner.
548	(2)  No person shall willfully damage, alter, or move a
549	lawfully placed uniform waterway aid-to-navigation marker or
550	buoy, regulatory marker or buoy, or area boundary marker or
551	buoy.
552	Section 13.  Effective October 1, 2009, section 327.46,
553	Florida Statutes, is amended to read:
554	327.46  Boating-restricted Restricted areas.--
555	(1)  Boating-restricted The commission has the authority to
556	establish by rule, pursuant to chapter 120, restricted areas,
557	including, but not limited to, restrictions of vessel speeds and
558	vessel traffic, may be established on the waters of this the
559	state for any purpose deemed necessary to protect for the safety
560	of the public if, including, but not limited to, vessel speeds
561	and vessel traffic, where such restrictions are deemed necessary
562	based on boating accidents, visibility, hazardous currents or
563	water levels, vessel traffic congestion, or other navigational
564	hazards.
565	(a)  The commission may establish boating-restricted areas
566	by rule pursuant to chapter 120.
567	(b)  Municipalities and counties have the authority to
568	establish the following boating-restricted areas by ordinance:
569	1.  An ordinance establishing an idle speed, no wake
570	boating-restricted area, if the area is:
571	a.  Within 500 feet of any boat ramp, hoist, marine
572	railway, or other launching or landing facility available for
573	use by the general boating public on waterways more than 300
574	feet in width or within 300 feet of any boat ramp, hoist, marine
575	railway, or other launching or landing facility available for
576	use by the general boating public on waterways not exceeding 300
577	feet in width.
578	b.  Within 500 feet of fuel pumps or dispensers at any
579	marine fueling facility that sells motor fuel to the general
580	boating public on waterways more than 300 feet in width or
581	within 300 feet of the fuel pumps or dispensers at any licensed
582	terminal facility that sells motor fuel to the general boating
583	public on waterways not exceeding 300 feet in width.
584	c.  Inside or within 300 feet of any lock structure.
585	2.  An ordinance establishing a slow speed, minimum wake
586	boating-restricted area if the area is:
587	a.  Within 300 feet of any bridge fender system.
588	b.  Within 300 feet of any bridge span presenting a
589	vertical clearance of less than 25 feet or a horizontal
590	clearance of less than 100 feet.
591	c.  On a creek, stream, canal, or similar linear waterway
592	if the waterway is less than 75 feet in width from shoreline to
593	shoreline.
594	d.  On a lake or pond of less than 10 acres in total
595	surface area.
596	3.  An ordinance establishing a vessel-exclusion zone if
597	the area is:
598	a.  Designated as a public bathing beach or swim area.
599	b.  Within 300 feet of a dam, spillway, or flood control
600	structure.
601	(c)  Municipalities and counties have the authority to
602	establish by ordinance the following other boating-restricted
603	areas:
604	1.  An ordinance establishing an idle speed, no wake
605	boating-restricted area, if the area is within 300 feet of a
606	confluence of water bodies presenting a blind corner, a bend in
607	a narrow channel or fairway, or such other area if an
608	intervening obstruction to visibility may obscure other vessels
609	or other users of the waterway.
610	2.  An ordinance establishing a slow speed, minimum wake,
611	or numerical speed limit boating-restricted area if the area is:
612	a.  Within 300 feet of a confluence of water bodies
613	presenting a blind corner, a bend in a narrow channel or
614	fairway, or such other area if an intervening obstruction to
615	visibility may obscure other vessels or other users of the
616	waterway.
617	b.  Subject to unsafe levels of vessel traffic congestion.
618	c.  Subject to hazardous water levels or currents, or
619	containing other navigational hazards.
620	d.  An area that accident reports, uniform boating
621	citations, vessel traffic studies, or other creditable data
622	demonstrate to present a significant risk of collision or a
623	significant threat to boating safety.
624	3.  An ordinance establishing a vessel-exclusion zone if
625	the area is reserved exclusively:
626	a.  As a canoe trail or otherwise limited to vessels under
627	oars or under sail.
628	b.  For a particular activity and user group separation
629	must be imposed to protect the safety of those participating in
630	such activity.
631
632	Any of the ordinances adopted pursuant to this paragraph shall
633	not take effect until the commission has reviewed the ordinance
634	and determined by substantial competent evidence that the
635	ordinance is necessary to protect public safety pursuant to this
636	paragraph. Any application for approval of an ordinance shall be
637	reviewed and acted upon within 90 days after receipt of a
638	completed application. Within 30 days after a municipality or
639	county submits an application for approval to the commission,
640	the commission shall advise the municipality or county as to
641	what information, if any, is needed to deem the application
642	complete. An application shall be considered complete upon
643	receipt of all requested information and correction of any error
644	or omission for which the applicant was timely notified or when
645	the time for such notification has expired. The commission's
646	action on the application shall be subject to review under
647	chapter 120. The commission shall initiate rulemaking no later
648	than January 1, 2010, to provide criteria and procedures for
649	reviewing applications and procedures for providing for public
650	notice and participation pursuant to this paragraph.
651	(2)  Each such boating-restricted restricted area shall be
652	developed in consultation and coordination with the governing
653	body of the county or municipality in which the boating-
654	restricted restricted area is located and, when the boating-
655	restricted area is to be on the navigable waters of the United
656	States where required, with the United States Coast Guard and
657	the United States Army Corps of Engineers.
658	(3)(2)  It is unlawful for any person to operate a vessel
659	in a prohibited manner or to carry on any prohibited activity,
660	as defined in this chapter, deemed a safety hazard or
661	interference with navigation as provided above within a boating-
662	restricted restricted water area which has been clearly marked
663	by regulatory markers as authorized under this chapter.
664	(4)(3)  Restrictions in a boating-restricted area
665	established pursuant to this section shall not apply in the case
666	of an emergency or to a law enforcement, firefighting, or rescue
667	vessel owned or operated by a governmental entity.
668	Section 14.  Effective October 1, 2009, section 327.60,
669	Florida Statutes, is amended to read:
670	327.60  Local regulations; limitations.--
671	(1)  The provisions of this chapter and chapter 328 ss.
672	327.01, 327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56,
673	327.65, 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall
674	govern the operation, equipment, and all other matters relating
675	thereto whenever any vessel shall be operated upon the waters of
676	this state waterways or when any activity regulated hereby shall
677	take place thereon.
678	(2)  Nothing in this chapter or chapter 328 these sections
679	shall be construed to prevent the adoption of any ordinance or
680	local regulation law relating to operation and equipment of
681	vessels, except that a county or municipality shall not enact,
682	continue in effect, or enforce any ordinance or local
683	regulation:
684	(a)  Establishing a vessel or associated equipment
685	performance or other safety standard, imposing a requirement for
686	associated equipment, or regulating the carrying or use of
687	marine safety articles;
688	(b)  Relating to the design, manufacture, installation, or
689	use of any marine sanitation device on any vessel;
690	(c)  Regulating any vessel upon the Florida Intracoastal
691	Waterway;
692	(d)  Discriminating against personal watercraft;
693	(e)  Discriminating against airboats, for ordinances
694	adopted after July 1, 2006, unless adopted by a two-thirds vote
695	of the governing body enacting such ordinance;
696	(f)  Regulating the anchoring of vessels other than live-
697	aboard vessels outside the marked boundaries of mooring fields
698	permitted as provided in s. 327.40;
699	(g)  Regulating engine or exhaust noise, except as provided
700	in s. 327.65; or
701	(h)  That conflicts with any provisions of this chapter or
702	any amendments thereto or rules adopted thereunder. no such
703	ordinance or local law may apply to the Florida Intracoastal
704	Waterway and except that such ordinances or local laws shall be
705	operative only when they are not in conflict with this chapter
706	or any amendments thereto or regulations thereunder. Any
707	ordinance or local law which has been adopted pursuant to this
708	section or to any other state law may not discriminate against
709	personal watercraft as defined in s. 327.02. Effective July 1,
710	2006, any ordinance or local law adopted pursuant to this
711	section or any other state law may not discriminate against
712	airboats except by a two-thirds vote of the governing body
713	enacting such ordinance.
714	(3)(2)  Nothing contained in the provisions of this section
715	shall be construed to prohibit local governmental authorities
716	from the enactment or enforcement of regulations which prohibit
717	or restrict the mooring or anchoring of floating structures or
718	live-aboard vessels within their jurisdictions or of any vessels
719	within the marked boundaries of mooring fields permitted as
720	provided in s. 327.40. However, local governmental authorities
721	are prohibited from regulating the anchoring outside of such
722	mooring fields of vessels other than live-aboard vessels as
723	defined in s. 327.02 non-live-aboard vessels in navigation.
724	Section 15.  Paragraph (a) of subsection (2) of section
725	327.65, Florida Statutes, is amended to read:
726	327.65  Muffling devices.--
727	(2)(a)  Any county wishing to impose additional noise
728	pollution and exhaust regulations on vessels may, pursuant to s.
729	327.60(2)(1), adopt by county ordinance the following
730	regulations:
731	1.  No person shall operate or give permission for the
732	operation of any vessel on the waters of any county or on a
733	specified portion of the waters of any county, including the
734	Florida Intracoastal Waterway, which has adopted the provisions
735	of this section in such a manner as to exceed the following
736	sound levels at a distance of 50 feet from the vessel: for all
737	vessels, a maximum sound level of 90 dB A.
738	2.  Any person who refuses to submit to a sound level test
739	when requested to do so by a law enforcement officer is guilty
740	of a misdemeanor of the second degree, punishable as provided in
741	s. 775.082 or s. 775.083.
742	Section 16.  Section 327.66, Florida Statutes, is created
743	to read:
744	327.66  Carriage of gasoline on vessels.--
745	(1)(a)  A person shall not:
746	1.  Possess or operate any vessel that has been equipped
747	with tanks, bladders, drums, or other containers designed or
748	intended to hold gasoline, or install or maintain such
749	containers in a vessel, if such containers do not conform to
750	federal regulations or have not been approved by the United
751	States Coast Guard by inspection or special permit.
752	2.  Transport any gasoline in an approved portable
753	container when the container is in a compartment that is not
754	ventilated in strict compliance with United States Coast Guard
755	regulations pertaining to ventilation of compartments containing
756	gasoline tanks.
757	(b)  A person who violates paragraph (a) commits a
758	misdemeanor of the second degree, punishable as provided in s.
759	775.082 or s. 775.083.
760	(2)(a)  Gasoline possessed or transported in violation of
761	this section and all containers holding such gasoline are
762	declared to be a public nuisance. A law enforcement agency
763	discovering gasoline possessed or transported in violation of
764	paragraph (1)(a) shall abate the nuisance by removing the
765	gasoline and containers from the vessel and from the waters of
766	this state. A law enforcement agency that removes gasoline or
767	containers pursuant to this subsection may elect to:
768	1.  Retain the property for the agency's own use;
769	2.  Transfer the property to another unit of state or local
770	government;
771	3.  Donate the property to a charitable organization; or
772	4.  Sell the property at public sale pursuant to s.
773	705.103.
774	(b)  A law enforcement agency that seizes gasoline or
775	containers pursuant to this subsection shall remove and reclaim,
776	recycle, or otherwise dispose of the gasoline as soon as
777	practicable in a safe and proper manner.
778	(3)  All conveyances, vessels, vehicles, and other
779	equipment described in paragraph (1)(a) or used in the
780	commission of a violation of paragraph (1)(a), other than
781	gasoline or containers removed as provided in subsection (2),
782	are declared to be contraband.
783	(a)  Upon conviction of a person arrested for a violation
784	of paragraph (1)(a), the judge shall issue an order adjudging
785	and ordering that all conveyances, vessels, vehicles, and other
786	equipment used in the violation shall be forfeited to the
787	arresting agency. The requirement for a conviction before
788	forfeiture of property establishes to the exclusion of any
789	reasonable doubt that the property was used in connection with
790	the violation resulting in the conviction, and the procedures of
791	chapter 932 do not apply to any forfeiture of property under
792	this subsection following a conviction.
793	(b)  In the absence of an arrest or conviction, any such
794	conveyance, vessel, vehicle, or other equipment used in
795	violation of paragraph (1)(a) shall be subject to seizure and
796	forfeiture as provided by the Florida Contraband Forfeiture Act.
797	(c)  As used in this subsection, the term "conviction"
798	means a finding of guilt or the acceptance of a plea of guilty
799	or nolo contendere, regardless of whether adjudication is
800	withheld or whether imposition of sentence is withheld,
801	deferred, or suspended.
802	(4)  All costs incurred by the law enforcement agency in
803	the removal of any gasoline, gasoline container, other
804	equipment, or vessel as provided in this section shall be
805	recoverable against the owner thereof. Any person who neglects
806	or refuses to pay such amount shall not be issued a certificate
807	of registration for such vessel or for any other vessel or motor
808	vehicle until the costs have been paid.
809	(5)  Foreign flagged vessels entering United States waters
810	and waters of this state in compliance with 19 U.S.C. s. 1433
811	are exempt from this section.
812	Section 17.  Effective October 1, 2009, section 327.70,
813	Florida Statutes, is amended to read:
814	327.70  Enforcement of this chapter and chapter 328.--
815	(1)  This chapter and chapter 328 shall be enforced by the
816	Division of Law Enforcement of the Fish and Wildlife
817	Conservation Commission and its officers, the sheriffs of the
818	various counties and their deputies, municipal police officers,
819	and any other authorized law enforcement officer as defined in
820	s. 943.10, all of whom may order the removal of vessels deemed
821	to be an interference or a hazard to public safety, enforce the
822	provisions of this chapter and chapter 328, or cause any
823	inspections to be made of all vessels in accordance with this
824	chapter and chapter 328.
825	(2)(a)  Noncriminal violations of the following statutes
826	may be enforced by a uniform boating citation mailed to the
827	registered owner of an unattended vessel anchored, aground, or
828	moored on the waters of this state:
829	1.  Section 327.33(3)(b), relating to navigation rules.
830	2.  Section 327.44, relating to interference with
831	navigation.
832	3.  Section 327.50(2), relating to required lights and
833	shapes.
834	4.  Section 327.53, relating to marine sanitation.
835	5.  Section 328.48(5), relating to display of decal.
836	6.  Section 328.52(2), relating to display of number.
837	(b)  Citations issued to livery vessels under this
838	subsection shall be the responsibility of the lessee of the
839	vessel if the livery has included a warning of this
840	responsibility as a part of the rental agreement and has
841	provided to the agency issuing the citation the name, address,
842	and date of birth of the lessee when requested by that agency.
843	The livery is not responsible for the payment of citations if
844	the livery provides the required warning and lessee information.
845	(3)(2)  Such officers shall have the power and duty to
846	issue such orders and to make such investigations, reports, and
847	arrests in connection with any violation of the provisions of
848	this chapter and chapter 328 as are necessary to effectuate the
849	intent and purpose of this chapter and chapter 328.
850	(4)(3)  The Fish and Wildlife Conservation Commission or
851	any other law enforcement agency may make any investigation
852	necessary to secure information required to carry out and
853	enforce the provisions of this chapter and chapter 328.
854	Section 18.  Effective October 1, 2009, paragraph (k) of
855	subsection (1) of section 327.73, Florida Statutes, is amended,
856	and paragraph (x) is added to that subsection, to read:
857	327.73  Noncriminal infractions.--
858	(1)  Violations of the following provisions of the vessel
859	laws of this state are noncriminal infractions:
860	(k)  Violations relating to boating-restricted restricted
861	areas and speed limits:
862	1.  Established by the commission or by local governmental
863	authorities pursuant to s. 327.46.
864	2.  Established by local governmental authorities pursuant
865	to s. 327.22 or s. 327.60.
866	2.3.  Speed limits established pursuant to s. 379.2431(2).
867	(x)  Section 253.04(4)(a), relating to carelessly causing
868	seagrass scarring, for which the civil penalty upon conviction
869	is:
870	1.  For a first offense, $50.
871	2.  For a second offense occurring within 12 months after a
872	prior conviction, $250.
873	3.  For a third offense occurring within 36 months after a
874	prior conviction, $500.
875	4.  For a fourth or subsequent offense occurring within 72
876	months after a prior conviction, $1,000.
877
878	Any person cited for a violation of any such provision shall be
879	deemed to be charged with a noncriminal infraction, shall be
880	cited for such an infraction, and shall be cited to appear
881	before the county court. The civil penalty for any such
882	infraction is $50, except as otherwise provided in this section.
883	Any person who fails to appear or otherwise properly respond to
884	a uniform boating citation shall, in addition to the charge
885	relating to the violation of the boating laws of this state, be
886	charged with the offense of failing to respond to such citation
887	and, upon conviction, be guilty of a misdemeanor of the second
888	degree, punishable as provided in s. 775.082 or s. 775.083. A
889	written warning to this effect shall be provided at the time
890	such uniform boating citation is issued.
891	Section 19.  Subsection (1) of section 327.731, Florida
892	Statutes, is amended to read:
893	327.731  Mandatory education for violators.--
894	(1)  Every person convicted of a criminal violation of this
895	chapter, every person convicted of a noncriminal infraction
896	under this chapter if the infraction resulted in a reportable
897	boating accident, and every person convicted of two noncriminal
898	infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
899	and (s)-(x)(s)-(w), said infractions occurring within a 12-month
900	period, must:
901	(a)  Enroll in, attend, and successfully complete, at his
902	or her own expense, a boating safety course that meets minimum
903	standards established by the commission by rule; however, the
904	commission may provide by rule pursuant to chapter 120 for
905	waivers of the attendance requirement for violators residing in
906	areas where classroom presentation of the course is not
907	available;
908	(b)  File with the commission within 90 days proof of
909	successful completion of the course;
910	(c)  Refrain from operating a vessel until he or she has
911	filed the proof of successful completion of the course with the
912	commission.
913
914	Any person who has successfully completed an approved boating
915	course shall be exempt from these provisions upon showing proof
916	to the commission as specified in paragraph (b).
917	Section 20.  Effective October 1, 2009, subsections (1) and
918	(2) of section 328.03, Florida Statutes, are amended to read:
919	328.03  Certificate of title required.--
920	(1)  Each vessel that is operated, used, or stored on the
921	waters of this state must be titled by this state pursuant to
922	this chapter, unless it is:
923	(a)  A vessel operated, used, or stored exclusively on
924	private lakes and ponds;.
925	(b)  A vessel owned by the United States Government;.
926	(c)  A non-motor-powered vessel less than 16 feet in
927	length;.
928	(d)  A federally documented vessel;.
929	(e)  A vessel already covered by a registration number in
930	full force and effect which was awarded to it pursuant to a
931	federally approved numbering system of another state or by the
932	United States Coast Guard in a state without a federally
933	approved numbering system, if the vessel is not located in this
934	state for a period in excess of 90 consecutive days;.
935	(f)  A vessel from a country other than the United States
936	temporarily used, operated, or stored on using the waters of
937	this state for a period that is not in excess of 90 days;.
938	(g)  An amphibious vessel for which a vehicle title is
939	issued by the Department of Highway Safety and Motor Vehicles;.
940	(h)  A vessel used solely for demonstration, testing, or
941	sales promotional purposes by the manufacturer or dealer; or.
942	(i)  A vessel owned and operated by the state or a
943	political subdivision thereof.
944	(2)  A person shall not operate, use, or store a vessel for
945	which a certificate of title is required unless the owner has
946	received from the Department of Highway Safety and Motor
947	Vehicles a valid certificate of title for such vessel. However,
948	such vessel may be operated, used, or stored for a period of up
949	to 180 days after from the date of application for a certificate
950	of title while the application is pending.
951	Section 21.  Effective October 1, 2009, subsections (1) and
952	(2) of section 328.07, Florida Statutes, are amended to read:
953	328.07  Hull identification number required.--
954	(1)  No person shall operate, use, or store on the waters
955	of this state a vessel the construction of which began after
956	October 31, 1972, for which the department has issued a
957	certificate of title or which is required by law to be
958	registered, unless the vessel displays the assigned hull
959	identification number affixed by the manufacturer as required by
960	the United States Coast Guard or by the department for a
961	homemade vessel or other vessel for which a hull identification
962	number is not required by the United States Coast Guard. The
963	hull identification number must be carved, burned, stamped,
964	embossed, or otherwise permanently affixed to the outboard side
965	of the transom or, if there is no transom, to the outermost
966	starboard side at the end of the hull that bears the rudder or
967	other steering mechanism, above the waterline of the vessel in
968	such a way that alteration, removal, or replacement would be
969	obvious and evident. The characters of the hull identification
970	number must be no less than 12 in number and no less than one-
971	fourth inch in height.
972	(2)  No person shall operate, use, or store on the waters
973	of this state a vessel the construction of which was completed
974	before November 1, 1972, for which the department has issued a
975	certificate of title or which is required by law to be
976	registered, unless the vessel displays a hull identification
977	number. The hull identification number shall be clearly
978	imprinted in the transom or on the hull by stamping, impressing,
979	or marking with pressure. In lieu of imprinting, the hull
980	identification number may be displayed on a plate in a permanent
981	manner. A vessel for which the manufacturer has provided no hull
982	identification number or a homemade vessel shall be assigned a
983	hull identification number by the department which shall be
984	affixed to the vessel pursuant to this section.
985	Section 22.  Effective October 1, 2009, section 328.46,
986	Florida Statutes, is amended to read:
987	328.46  Operation of registered vessels.--
988	(1)  Every vessel that is required to be registered and
989	that is being operated, used, or stored on using the waters of
990	this state shall be registered and numbered within 30 days after
991	purchase by the owner except as specifically exempt. During this
992	30-day period, the operator is required to have aboard the
993	vessel and available for inspection a bill of sale. The bill of
994	sale for the vessel shall serve as the temporary certificate of
995	number that is required by federal law and must contain the
996	following information:
997	(a)  Make of the vessel.
998	(b)  Length of the vessel.
999	(c)  Type of propulsion.
1000	(d)  Hull identification number.
1001	(e)  A statement declaring Florida to be the state where
1002	the vessel is principally used.
1003	(f)  Name of the purchaser.
1004	(g)  Address of the purchaser, including ZIP code.
1005	(h)  Signature of the purchaser.
1006	(i)  Name of the seller.
1007	(j)  Signature of the seller.
1008	(k)  Date of the sale of the vessel. The date of sale shall
1009	also serve as the date of issuance of the temporary certificate
1010	of number.
1011	(l)  Notice to the purchaser and operator that the
1012	temporary authority to use the vessel on the waters of this
1013	state is invalid after 30 days following the date of sale of the
1014	vessel.
1015	(2)  No person shall operate, use, or store or give
1016	permission for the operation, use, or storage of any such vessel
1017	on such waters unless:
1018	(a)  Such vessel is registered within 30 days after
1019	purchase by the owner and numbered with the identifying number
1020	set forth in the certificate of registration, displayed:
1021	1.  In accordance with s. 328.48(4), except, if the vessel
1022	is an airboat, the registration number may be displayed on each
1023	side of the rudder; or
1024	2.  In accordance with 33 C.F.R. s. 173.27, or with a
1025	federally approved numbering system of another state; and
1026	(b)  The certificate of registration or temporary
1027	certificate of number awarded to such vessel is in full force
1028	and effect.
1029	Section 23.  Effective October 1, 2009, subsection (2) of
1030	section 328.48, Florida Statutes, is amended to read:
1031	328.48  Vessel registration, application, certificate,
1032	number, decal, duplicate certificate.--
1033	(2)  Each vessel operated, All vessels used, or stored on
1034	the waters of this the state must be registered as a, either
1035	commercial vessel or recreational vessel as defined in s. 327.02
1036	this chapter, unless it is except as follows:
1037	(a)  A vessel operated, used, and stored exclusively on
1038	private lakes and ponds;.
1039	(b)  A vessel owned by the United States Government;.
1040	(c)  A vessel used exclusively as a ship's lifeboat; or.
1041	(d)  A non-motor-powered vessel less than 16 feet in
1042	length, or a and any non-motor-powered canoe, kayak, racing
1043	shell, or rowing scull, regardless of length.
1044	Section 24.  Effective October 1, 2009, section 328.56,
1045	Florida Statutes, is amended to read:
1046	328.56  Vessel registration number.--Each vessel that is
1047	operated, used, or stored on the waters of this the state must
1048	display a commercial or recreational Florida registration
1049	number, unless it is:
1050	(1)  A vessel operated, used, and stored exclusively on
1051	private lakes and ponds;.
1052	(2)  A vessel owned by the United States Government;.
1053	(3)  A vessel used exclusively as a ship's lifeboat;.
1054	(4)  A non-motor-powered vessel less than 16 feet in
1055	length, or a and any non-motor-powered canoe, kayak, racing
1056	shell, or rowing scull, regardless of length;.
1057	(5)  A federally documented vessel;.
1058	(6)  A vessel already covered by a registration number in
1059	full force and effect which has been awarded to it pursuant to a
1060	federally approved numbering system of another state or by the
1061	United States Coast Guard in a state without a federally
1062	approved numbering system, if the vessel has not been within
1063	this state for a period in excess of 90 consecutive days;.
1064	(7)  A vessel operating under a valid temporary certificate
1065	of number;.
1066	(8)  A vessel from a country other than the United States
1067	temporarily using the waters of this state; or.
1068	(9)  An undocumented vessel used exclusively for racing.
1069	Section 25.  Effective October 1, 2009, section 328.58,
1070	Florida Statutes, is amended to read:
1071	328.58  Reciprocity of nonresident or alien vessels.--The
1072	owner of any vessel already covered by a registration number in
1073	full force and effect which has been awarded by:
1074	(1)  By Another state pursuant to a federally approved
1075	numbering system of another state;
1076	(2)  By The United States Coast Guard in a state without a
1077	federally approved numbering system; or
1078	(3)  By The United States Coast Guard for a federally
1079	documented vessel with a valid registration in full force and
1080	effect from another state,
1081
1082	shall record the number with the Department of Highway Safety
1083	and Motor Vehicles prior to operating, using, or storing the
1084	vessel on the waters of this state in excess of the 90-day
1085	reciprocity period provided for in this chapter. Such
1086	recordation shall be pursuant to the procedure required for the
1087	award of an original registration number, except that no
1088	additional or substitute registration number shall be issued if
1089	the vessel owner maintains the previously awarded registration
1090	number in full force and effect.
1091	Section 26.  Effective October 1, 2009, section 328.60,
1092	Florida Statutes, is amended to read:
1093	328.60  Military personnel; registration; penalties.--Any
1094	military personnel on active duty in this state operating,
1095	using, or storing a vessel on the waters of this state that has
1096	a registration number in full force and effect which has been
1097	awarded to it pursuant to a federally approved numbering system
1098	of another state or by the United States Coast Guard in a state
1099	without a federally approved numbering system, or a federally
1100	documented vessel with a valid registration in full force and
1101	effect from another state shall not be required to register his
1102	or her vessel in this state while such certificate of
1103	registration remains valid; but, at the expiration of such
1104	registration certificate, all registration and titling shall be
1105	issued by this state. In the case of a federally documented
1106	vessel, the issuance of a title is not required by this chapter.
1107	Section 27.  Effective October 1, 2009, section 328.65,
1108	Florida Statutes, is amended to read:
1109	328.65  Legislative intent with respect to registration and
1110	numbering of vessels.--It is the legislative intent that vessels
1111	be registered and numbered uniformly throughout the state. The
1112	purpose of ss. 327.58, 327.70, 327.72, 328.66, 328.68, and
1113	328.72 is to make registration and numbering procedures similar
1114	to those of automobiles and airplanes and to provide for a
1115	vessel registration fee and certificate so as to determine the
1116	ownership of vessels which are operated, used, or stored operate
1117	on the waters of this state and to aid in the advancement of
1118	maritime safety.
1119	Section 28.  Effective October 1, 2009, subsection (1) of
1120	section 328.66, Florida Statutes, is amended to read:
1121	328.66  County and municipality optional registration
1122	fee.--
1123	(1)  Any county may impose an annual registration fee on
1124	vessels registered, operated, used, or stored on the waters of
1125	this state in the water within its jurisdiction. This fee shall
1126	be 50 percent of the applicable state registration fee. However,
1127	the first $1 of every registration imposed under this subsection
1128	shall be remitted to the state for deposit in the Save the
1129	Manatee Trust Fund created within the Fish and Wildlife
1130	Conservation Commission, and shall be used only for the purposes
1131	specified in s. 379.2431(4). All other moneys received from such
1132	fee shall be expended for the patrol, regulation, and
1133	maintenance of the lakes, rivers, and waters and for other
1134	boating-related activities of such municipality or county. A
1135	municipality that was imposing a registration fee before April
1136	1, 1984, may continue to levy such fee, notwithstanding the
1137	provisions of this section.
1138	Section 29.  Effective October 1, 2009, subsection (13) of
1139	section 328.72, Florida Statutes, is amended to read:
1140	328.72  Classification; registration; fees and charges;
1141	surcharge; disposition of fees; fines; marine turtle stickers.--
1142	(13)  EXPIRED REGISTRATION.--The operation, use, or storage
1143	on the waters of this state of a previously registered vessel
1144	after the expiration of the registration period is a noncriminal
1145	violation, as defined in s. 327.73. This subsection does not
1146	apply to vessels lawfully stored at a dock or in a marina.
1147	Section 30.  Subsections (13) and (14) are added to section
1148	369.20, Florida Statutes, to read:
1149	369.20  Florida Aquatic Weed Control Act.--
1150	(13)  The commission has the power to enforce this section
1151	in the same manner and to the same extent as provided in ss.
1152	379.501-379.504.
1153	(14)  Activities that are exempt from permitting pursuant
1154	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1155	a distance not to exceed 150 meters downstream in flowing
1156	streams or 150 meters in radius in other water bodies as
1157	measured from the cutterhead, return flow discharge, or other
1158	points of generation of turbidity.
1159	Section 31.  Subsections (13) and (14) are added to section
1160	369.22, Florida Statutes, to read:
1161	369.22  Aquatic plant management.--
1162	(13)  The commission has the power to enforce this section
1163	in the same manner and to the same extent as provided in ss.
1164	379.501-379.504.
1165	(14)  Activities that are exempt from permitting pursuant
1166	to s. 403.813(1)(r) are granted a mixing zone for turbidity for
1167	a distance not to exceed 150 meters downstream in flowing
1168	streams or 150 meters in radius in other water bodies as
1169	measured from the cutterhead, return flow discharge, or other
1170	points of generation of turbidity.
1171	Section 32.  Paragraph (j) of subsection (3) of section
1172	369.25, Florida Statutes, is amended to read:
1173	369.25  Aquatic plants; definitions; permits; powers of
1174	department; penalties.--
1175	(3)  The department has the following powers:
1176	(j)  To enforce this section and s. 369.251 this chapter in
1177	the same manner and to the same extent as provided in s.
1178	581.211.
1179	Section 33.  Subsections (1) and (5) of section 379.304,
1180	Florida Statutes, are amended to read:
1181	379.304  Exhibition or sale of wildlife.--
1182	(1)  Permits issued pursuant to s. 379.3761 this section
1183	and places where wildlife is kept or held in captivity shall be
1184	subject to inspection by officers of the commission at all
1185	times. The commission shall have the power to release or
1186	confiscate any specimens of any wildlife, specifically birds,
1187	mammals, amphibians, or reptiles, whether indigenous to the
1188	state or not, when it is found that conditions under which they
1189	are being confined are unsanitary, or unsafe to the public in
1190	any manner, or that the species of wildlife are being
1191	maltreated, mistreated, or neglected or kept in any manner
1192	contrary to the provisions of chapter 828, any such permit to
1193	the contrary notwithstanding. Before any such wildlife is
1194	confiscated or released under the authority of this section, the
1195	owner thereof shall have been advised in writing of the
1196	existence of such unsatisfactory conditions; the owner shall
1197	have been given 30 days in which to correct such conditions; the
1198	owner shall have failed to correct such conditions; the owner
1199	shall have had an opportunity for a proceeding pursuant to
1200	chapter 120; and the commission shall have ordered such
1201	confiscation or release after careful consideration of all
1202	evidence in the particular case in question. The final order of
1203	the commission shall constitute final agency action.
1204	(5)  A violation of this section is punishable as provided
1205	by s. 379.4015 379.401.
1206	Section 34.  Section 379.338, Florida Statutes, is amended
1207	to read:
1208	379.338  Confiscation and disposition of illegally taken
1209	wildlife, freshwater fish, and saltwater fish game.--
1210	(1)  All wildlife, game and freshwater fish, and saltwater
1211	fish seized under the authority of this chapter, any other
1212	chapter, or rules of the commission shall, upon conviction of
1213	the offender or sooner in accordance with a court order if the
1214	court so orders, be forfeited to the investigating law
1215	enforcement agency. The law enforcement agency may elect to
1216	retain the wildlife, freshwater fish, or saltwater fish for the
1217	agency's official use; transfer it to another unit of state or
1218	local government for official use; donate it to a charitable
1219	organization; sell it at a public sale pursuant to s. 705.103;
1220	or destroy the wildlife, freshwater fish, or saltwater fish if
1221	none of the other options is practicable or if the wildlife,
1222	freshwater fish, or saltwater fish is unwholesome or otherwise
1223	not of appreciable value. All illegally possessed live wildlife,
1224	freshwater fish, and saltwater fish that are properly documented
1225	as evidence as provided in s. 379.3381 may be returned to the
1226	habitat unharmed. Any unclaimed wildlife, freshwater fish, or
1227	saltwater fish shall be retained by the investigating law
1228	enforcement agency and disposed of in accordance with this
1229	subsection and given to some hospital or charitable institution
1230	and receipt therefor sent to the Fish and Wildlife Conservation
1231	Commission.
1232	(2)  All furs or hides or fur-bearing animals seized under
1233	the authority of this chapter shall, upon conviction of the
1234	offender, be forfeited and sent to the commission, which shall
1235	sell the same and deposit the proceeds of such sale to the
1236	credit of the State Game Trust Fund. If any such hides or furs
1237	are seized and the offender is unknown, the court shall order
1238	such hides or furs sent to the Fish and Wildlife Conservation
1239	commission, which shall sell such hides and furs.
1240	(3)  Except as otherwise provided by law, and deposit the
1241	proceeds of any such sale under this section shall be deposited
1242	in to the credit of the State Game Trust Fund or the Marine
1243	Resources Conservation Trust Fund.
1244	(4)  Any state, county, or municipal law enforcement agency
1245	that enforces or assists the commission in enforcing this
1246	chapter, which enforcement results in a forfeiture of property
1247	as provided in this section, is entitled to receive all or a
1248	share of any property based upon its participation in the
1249	enforcement.
1250	Section 35.  Section 379.3381, Florida Statutes, is created
1251	to read:
1252	379.3381  Photographic evidence of illegally taken
1253	wildlife, freshwater fish, and saltwater fish.--In any
1254	prosecution for a violation of this chapter, any other chapter,
1255	or rules of the commission, a photograph of illegally taken
1256	wildlife, freshwater fish, or saltwater fish may be deemed
1257	competent evidence of such property and may be admissible in the
1258	prosecution to the same extent as if such wildlife, freshwater
1259	fish, or saltwater fish were introduced as evidence. Such
1260	photograph shall bear a written description of the wildlife,
1261	freshwater fish, or saltwater fish alleged to have been
1262	illegally taken, the name of the violator, the location where
1263	the alleged illegal taking occurred, the name of the
1264	investigating law enforcement officer, the date the photograph
1265	was taken, and the name of the photographer. Such writing shall
1266	be made under oath by the investigating law enforcement officer,
1267	and the photograph shall be identified by the signature of the
1268	photographer.
1269	Section 36.  Effective July 1, 2010, paragraphs (h), (i),
1270	and (j) of subsection (4) and subsections (8), (11), and (12) of
1271	section 379.354, Florida Statutes, are amended, and effective
1272	July 15, 2009, paragraph (k) is added to subsection (4) of that
1273	section, to read:
1274	379.354  Recreational licenses, permits, and authorization
1275	numbers; fees established.--
1276	(4)  RESIDENT HUNTING AND FISHING LICENSES.--The licenses
1277	and fees for residents participating in hunting and fishing
1278	activities in this state are as follows:
1279	(h)  Annual sportsman's license, $79, except that an annual
1280	sportsman's license for a resident 64 years of age or older is
1281	$12. A sportsman's license authorizes the person to whom it is
1282	issued to take game and freshwater fish, subject to the state
1283	and federal laws, rules, and regulations, including rules of the
1284	commission, in effect at the time of the taking. Other
1285	authorized activities include activities authorized by a
1286	management area permit, a muzzle-loading gun season permit, a
1287	crossbow season permit, a turkey permit, a Florida waterfowl
1288	permit, a deer permit, and an archery season permit.
1289	(i)  Annual gold sportsman's license, $98.50. The gold
1290	sportsman's license authorizes the person to whom it is issued
1291	to take freshwater fish, saltwater fish, and game, subject to
1292	the state and federal laws, rules, and regulations, including
1293	rules of the commission, in effect at the time of taking. Other
1294	authorized activities include activities authorized by a
1295	management area permit, a muzzle-loading gun season permit, a
1296	crossbow season permit, a turkey permit, a Florida waterfowl
1297	permit, a deer permit, an archery season permit, a snook permit,
1298	and a spiny lobster permit.
1299	(j)  Annual military gold sportsman's license, $18.50. The
1300	gold sportsman's license authorizes the person to whom it is
1301	issued to take freshwater fish, saltwater fish, and game,
1302	subject to the state and federal laws, rules, and regulations,
1303	including rules of the commission, in effect at the time of
1304	taking. Other authorized activities include activities
1305	authorized by a management area permit, a muzzle-loading gun
1306	season permit, a crossbow season permit, a turkey permit, a
1307	Florida waterfowl permit, a deer permit, an archery season
1308	permit, a snook permit, and a spiny lobster permit. Any resident
1309	who is an active or retired member of the United States Armed
1310	Forces, the United States Armed Forces Reserve, the National
1311	Guard, the United States Coast Guard, or the United States Coast
1312	Guard Reserve is eligible to purchase the military gold
1313	sportsman's license upon submission of a current military
1314	identification card.
1315	(8)  SPECIFIED HUNTING, FISHING, AND RECREATIONAL ACTIVITY
1316	PERMITS.--In order to ensure that the cultural heritage of
1317	hunting and sport fishing as recognized in s. 379.104 is passed
1318	on to future Floridians, the commission shall use up to 10
1319	percent of the proceeds from the hunting and sport fishing
1320	permits issued pursuant to this subsection to promote hunting
1321	and sport fishing activities with an emphasis on youth
1322	participation. In addition to any license required under this
1323	chapter, the following permits and fees for specified hunting,
1324	fishing, and other recreational uses and activities are
1325	required:
1326	(a)  An annual Florida waterfowl permit for a resident or
1327	nonresident to take wild ducks or geese within the state or its
1328	coastal waters is $5 $3. Revenue generated from the sale of
1329	waterfowl permits or that pro rata portion of any license that
1330	includes waterfowl hunting privileges provided for in this
1331	paragraph shall be used for conservation, research, and
1332	management of waterfowl; for the development, restoration,
1333	maintenance, and preservation of wetlands within the state; or
1334	to promote the cultural heritage of hunting.
1335	(b)1.  An annual Florida turkey permit for a resident to
1336	take wild turkeys within the state is $10 $5. Revenue generated
1337	from the sale of resident wild turkey permits or that pro rata
1338	portion of any license that includes turkey hunting privileges
1339	provided for in this subparagraph shall be used for the
1340	conservation, research, and management of wild turkeys or to
1341	promote the cultural heritage of hunting.
1342	2.  An annual Florida turkey permit for a nonresident to
1343	take wild turkeys within the state is $125 $100. Revenue
1344	generated from the sale of nonresident wild turkey permits or
1345	that pro rata portion of any license that includes turkey
1346	hunting privileges provided for in this subparagraph shall be
1347	used for the conservation, research, and management of wild
1348	turkeys or to promote the cultural heritage of hunting.
1349	(c)  An annual snook permit for a resident or nonresident
1350	to take or possess any snook from any waters of the state is $10
1351	$2. Revenue generated from the sale of snook permits shall be
1352	used exclusively for programs to benefit the snook population.
1353	(d)  An annual spiny lobster permit for a resident or
1354	nonresident to take or possess any spiny lobster for
1355	recreational purposes from any waters of the state is $5 $2.
1356	Revenue generated from the sale of spiny lobster permits shall
1357	be used exclusively for programs to benefit the spiny lobster
1358	population.
1359	(e)  A $5 fee is imposed for each of the following permits:
1360	1.  An annual archery season permit for a resident or
1361	nonresident to hunt within the state during any archery season
1362	authorized by the commission.
1363	2.  An annual crossbow season permit for a resident or
1364	nonresident to hunt within the state during any crossbow season
1365	authorized by the commission.
1366	3.  An annual muzzle-loading gun season permit for a
1367	resident or nonresident to hunt within the state during any
1368	muzzle-loading gun season authorized by the commission.
1369	(f)  A special use permit for a resident or nonresident to
1370	participate in limited entry hunting or fishing activities as
1371	authorized by commission rule shall not exceed $150 $100 per day
1372	or $300 $250 per week. Notwithstanding any other provision of
1373	this chapter, there are no exclusions, exceptions, or exemptions
1374	from this permit fee. In addition to the permit fee, the
1375	commission may charge each special use permit applicant a
1376	nonrefundable application fee not to exceed $10.
1377	(g)1.  A management area permit for a resident or
1378	nonresident to hunt on, fish on, or otherwise use for outdoor
1379	recreational purposes land owned, leased, or managed by the
1380	commission, or by the state for the use and benefit of the
1381	commission, shall not exceed $30 $25 per year.
1382	2.  Permit fees for short-term use of land that is owned,
1383	leased, or managed by the commission may be established by rule
1384	of the commission for activities on such lands. Such permits may
1385	be in lieu of, or in addition to, the annual management area
1386	permit authorized in subparagraph 1. and subparagraph 4.
1387	3.  Other than for hunting or fishing, the provisions of
1388	this paragraph shall not apply on any lands not owned by the
1389	commission, unless the commission has obtained the written
1390	consent of the owner or primary custodian of such lands.
1391	4.  A management area permit for a resident or nonresident
1392	to hike, camp, or otherwise engage in other outdoor recreational
1393	activities, except hunting or fishing, on management area lands
1394	shall not exceed $5 per day or $30 per year.
1395	(h)1.  A recreational user permit is required to hunt on,
1396	fish on, or otherwise use for outdoor recreational purposes land
1397	leased by the commission from private nongovernmental owners,
1398	except for those lands located directly north of the
1399	Apalachicola National Forest, east of the Ochlocknee River until
1400	the point the river meets the dam forming Lake Talquin, and
1401	south of the closest federal highway. The fee for a recreational
1402	user permit shall be based upon the economic compensation
1403	desired by the landowner, game population levels, desired hunter
1404	density, and administrative costs. The permit fee shall be set
1405	by commission rule on a per-acre basis. The recreational user
1406	permit fee, less administrative costs of up to $30 $25 per
1407	permit, shall be remitted to the landowner as provided in the
1408	lease agreement for each area.
1409	2.  One minor dependent under 16 years of age may hunt
1410	under the supervision of the permittee and is exempt from the
1411	recreational user permit requirements. The spouse and dependent
1412	children of a permittee are exempt from the recreational user
1413	permit requirements when engaged in outdoor recreational
1414	activities other than hunting and when accompanied by a
1415	permittee. Notwithstanding any other provision of this chapter,
1416	no other exclusions, exceptions, or exemptions from the
1417	recreational user permit fee are authorized.
1418	(i)  An annual deer permit for a resident or nonresident to
1419	take deer within the state during any season authorized by the
1420	commission is $5. Revenue generated from the sale of deer
1421	permits shall be used for the conservation, research, and
1422	management of white-tailed deer or to promote the cultural
1423	heritage of hunting.
1424
1425	The commission shall prepare an annual report documenting the
1426	use of funds generated pursuant to paragraphs (a) and (b) and
1427	shall submit the report to the Governor, the Speaker of the
1428	House of Representatives, and the President of the Senate no
1429	later than September 1 of each year.
1430	(11)  RESIDENT LIFETIME HUNTING LICENSES.--
1431	(a)  Lifetime hunting licenses are available to residents
1432	only, as follows, for:
1433	1.  Persons 4 years of age or younger, for a fee of $200.
1434	2.  Persons 5 years of age or older, but under 13 years of
1435	age, for a fee of $350.
1436	3.  Persons 13 years of age or older, for a fee of $500.
1437	(b)  The following activities are authorized by the
1438	purchase of a lifetime hunting license:
1439	1.  Taking, or attempting to take or possess, game
1440	consistent with the state and federal laws and regulations and
1441	rules of the commission in effect at the time of the taking.
1442	2.  All activities authorized by a muzzle-loading gun
1443	season permit, a crossbow season permit, a turkey permit, an
1444	archery season permit, a Florida waterfowl permit, a deer
1445	permit, and a management area permit, excluding fishing.
1446	(12)  RESIDENT LIFETIME SPORTSMAN'S LICENSES.--
1447	(a)  Lifetime sportsman's licenses are available to
1448	residents only, as follows, for:
1449	1.  Persons 4 years of age or younger, for a fee of $400.
1450	2.  Persons 5 years of age or older, but under 13 years of
1451	age, for a fee of $700.
1452	3.  Persons 13 years of age or older, for a fee of $1,000.
1453	(b)  The following activities are authorized by the
1454	purchase of a lifetime sportsman's license:
1455	1.  Taking, or attempting to take or possess, freshwater
1456	and saltwater fish, and game, consistent with the state and
1457	federal laws and regulations and rules of the commission in
1458	effect at the time of taking.
1459	2.  All activities authorized by a management area permit,
1460	a muzzle-loading gun season permit, a crossbow season permit, a
1461	turkey permit, an archery season permit, a Florida waterfowl
1462	permit, a deer permit, a snook permit, and a spiny lobster
1463	permit.
1464	Section 37.  Paragraph (c) of subsection (2) of section
1465	379.3671, Florida Statutes, is amended to read:
1466	379.3671  Spiny lobster trap certificate program.--
1467	(2)  TRANSFERABLE TRAP CERTIFICATES; TRAP TAGS; FEES;
1468	PENALTIES.--The Fish and Wildlife Conservation Commission shall
1469	establish a trap certificate program for the spiny lobster
1470	fishery of this state and shall be responsible for its
1471	administration and enforcement as follows:
1472	(c)  Prohibitions; penalties.--
1473	1.  It is unlawful for a person to possess or use a spiny
1474	lobster trap in or on state waters or adjacent federal waters
1475	without having affixed thereto the trap tag required by this
1476	section. It is unlawful for a person to possess or use any other
1477	gear or device designed to attract and enclose or otherwise aid
1478	in the taking of spiny lobster by trapping that is not a trap as
1479	defined by commission rule.
1480	2.  It is unlawful for a person to possess or use spiny
1481	lobster trap tags without having the necessary number of
1482	certificates on record as required by this section.
1483	3.  It is unlawful for any person to willfully molest, take
1484	possession of, or remove the contents of another harvester's
1485	spiny lobster trap without the express written consent of the
1486	trap owner available for immediate inspection. Unauthorized
1487	possession of another's trap gear or removal of trap contents
1488	constitutes theft.
1489	a.  A commercial harvester who violates this subparagraph
1490	shall be punished under ss. 379.367 and 379.407. Any commercial
1491	harvester receiving a judicial disposition other than dismissal
1492	or acquittal on a charge of theft of or from a trap pursuant to
1493	this subparagraph or s. 379.402 shall, in addition to the
1494	penalties specified in ss. 379.367 and 379.407 and the
1495	provisions of this section, permanently lose all his or her
1496	saltwater fishing privileges, including his or her saltwater
1497	products license, spiny lobster endorsement, and all trap
1498	certificates allotted to him or her through this program. In
1499	such cases, trap certificates and endorsements are
1500	nontransferable.
1501	b.  Any commercial harvester receiving a judicial
1502	disposition other than dismissal or acquittal on a charge of
1503	willful molestation of a trap, in addition to the penalties
1504	specified in ss. 379.367 and 379.407, shall lose all saltwater
1505	fishing privileges for a period of 24 calendar months.
1506	c.  In addition, any commercial harvester charged with
1507	violating this subparagraph and receiving a judicial disposition
1508	other than dismissal or acquittal for violating this
1509	subparagraph or s. 379.402 shall also be assessed an
1510	administrative penalty of up to $5,000.
1511
1512	Immediately upon receiving a citation for a violation involving
1513	theft of or from a trap, or molestation of a trap, and until
1514	adjudicated for such a violation or, upon receipt of a judicial
1515	disposition other than dismissal or acquittal of such a
1516	violation, the commercial harvester committing the violation is
1517	prohibited from transferring any spiny lobster trap certificates
1518	and endorsements.
1519	4.  In addition to any other penalties provided in s.
1520	379.407, a commercial harvester who violates the provisions of
1521	this section or commission rules relating to spiny lobster traps
1522	shall be punished as follows:
1523	a.  If the first violation is for violation of subparagraph
1524	1. or subparagraph 2., the commission shall assess an additional
1525	administrative penalty of up to $1,000. For all other first
1526	violations, the commission shall assess an additional
1527	administrative penalty of up to $500.
1528	b.  For a second violation of subparagraph 1. or
1529	subparagraph 2. which occurs within 24 months of any previous
1530	such violation, the commission shall assess an additional
1531	administrative penalty of up to $2,000 and the spiny lobster
1532	endorsement issued under s. 379.367(2) or (6) may be suspended
1533	for the remainder of the current license year.
1534	c.  For a third or subsequent violation of subparagraph 1.,
1535	subparagraph 2., or subparagraph 3. which occurs within 36
1536	months of any previous two such violations, the commission shall
1537	assess an additional administrative penalty of up to $5,000 and
1538	may suspend the spiny lobster endorsement issued under s.
1539	379.367(2) or (6) for a period of up to 24 months or may revoke
1540	the spiny lobster endorsement and, if revoking the spiny lobster
1541	endorsement, may also proceed against the licenseholder's
1542	saltwater products license in accordance with the provisions of
1543	s. 379.407(2)(h).
1544	d.  Any person assessed an additional administrative
1545	penalty pursuant to this section shall within 30 calendar days
1546	after notification:
1547	(I)  Pay the administrative penalty to the commission; or
1548	(II)  Request an administrative hearing pursuant to the
1549	provisions of ss. 120.569 and 120.57.
1550	e.  The commission shall suspend the spiny lobster
1551	endorsement issued under s. 379.367(2) or (6) for any person
1552	failing to comply with the provisions of sub-subparagraph d.
1553	5.a.  It is unlawful for any person to make, alter, forge,
1554	counterfeit, or reproduce a spiny lobster trap tag or
1555	certificate.
1556	b.  It is unlawful for any person to knowingly have in his
1557	or her possession a forged, counterfeit, or imitation spiny
1558	lobster trap tag or certificate.
1559	c.  It is unlawful for any person to barter, trade, sell,
1560	supply, agree to supply, aid in supplying, or give away a spiny
1561	lobster trap tag or certificate or to conspire to barter, trade,
1562	sell, supply, aid in supplying, or give away a spiny lobster
1563	trap tag or certificate unless such action is duly authorized by
1564	the commission as provided in this chapter or in the rules of
1565	the commission.
1566	6.a.  Any commercial harvester who violates the provisions
1567	of subparagraph 5., or any commercial harvester who engages in
1568	the commercial harvest, trapping, or possession of spiny lobster
1569	without a spiny lobster endorsement as required by s. 379.367(2)
1570	or (6) or during any period while such spiny lobster endorsement
1571	is under suspension or revocation, commits a felony of the third
1572	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1573	775.084.
1574	b.  In addition to any penalty imposed pursuant to sub-
1575	subparagraph a., the commission shall levy a fine of up to twice
1576	the amount of the appropriate surcharge to be paid on the fair
1577	market value of the transferred certificates, as provided in
1578	subparagraph (a)1., on any commercial harvester who violates the
1579	provisions of sub-subparagraph 5.c.
1580	c.  In addition to any penalty imposed pursuant to sub-
1581	subparagraph a., any commercial harvester receiving any judicial
1582	disposition other than acquittal or dismissal for a violation of
1583	subparagraph 5. shall be assessed an administrative penalty of
1584	up to $5,000, and the spiny lobster endorsement under which the
1585	violation was committed may be suspended for up to 24 calendar
1586	months. Immediately upon issuance of a citation involving a
1587	violation of subparagraph 5. and until adjudication of such a
1588	violation, and after receipt of any judicial disposition other
1589	than acquittal or dismissal for such a violation, the commercial
1590	harvester holding the spiny lobster endorsement listed on the
1591	citation is prohibited from transferring any spiny lobster trap
1592	certificates.
1593	d.  Any other person who violates the provisions of
1594	subparagraph 5. commits a Level Four violation under s. 379.401.
1595	7.  Prior to the 2010-2011 license year, any certificates
1596	for which the annual certificate fee is not paid for a period of
1597	3 years shall be considered abandoned and shall revert to the
1598	commission. Beginning with the 2010-2011 license year, any
1599	certificate for which the annual certificate fee is not paid for
1600	a period of 2 consecutive years shall be considered abandoned
1601	and shall revert to the commission. During any period of trap
1602	reduction, any certificates reverting to the commission shall
1603	become permanently unavailable and be considered in that amount
1604	to be reduced during the next license-year period. Otherwise,
1605	any certificates that revert to the commission are to be
1606	reallotted in such manner as provided by the commission.
1607	8.  The proceeds of all administrative penalties collected
1608	pursuant to subparagraph 4. and all fines collected pursuant to
1609	sub-subparagraph 6.b. shall be deposited into the Marine
1610	Resources Conservation Trust Fund.
1611	9.  All traps shall be removed from the water during any
1612	period of suspension or revocation.
1613	10.  Except as otherwise provided, any person who violates
1614	this paragraph commits a Level Two violation under s. 379.401.
1615	Section 38.  Paragraphs (c), (d), and (e) of subsection (2)
1616	of section 379.3751, Florida Statutes, are amended to read:
1617	379.3751  Taking and possession of alligators; trapping
1618	licenses; fees.--
1619	(2)  The license and issuance fee, and the activity
1620	authorized thereby, shall be as follows:
1621	(c)  The annual fee for issuance of an alligator trapping
1622	agent's license, which permits a person to act as an agent of
1623	any person who has been issued a resident or nonresident
1624	alligator trapping license as provided in paragraph (a) or
1625	paragraph (b) and to take alligators occurring in the wild other
1626	than alligator hatchlings, and to possess and process alligators
1627	taken under authority of such agency relationship, and to
1628	possess, process, and sell their hides and meat, shall be $50.
1629	Such alligator trapping agent's license shall be issued only in
1630	conjunction with an alligator trapping license and shall bear on
1631	its face in indelible ink the name and license number of the
1632	alligator trapping licenseholder for whom the holder of this
1633	license is acting as an agent.
1634	(d)  The annual fee for issuance of an alligator farming
1635	license, which permits a person to operate a facility for
1636	captive propagation of alligators, to possess alligators for
1637	captive propagation, to take alligator hatchlings and alligator
1638	eggs occurring in the wild, to rear such alligators, alligator
1639	hatchlings, and alligator eggs in captivity, to process
1640	alligators taken or possessed under authority of such alligator
1641	farming license or otherwise legally acquired, and to possess,
1642	process, and sell their hides and meat, shall be $250.
1643	(e)  The annual fee for issuance of an alligator farming
1644	agent's license, which permits a person to act as an agent of
1645	any person who has been issued an alligator farming license as
1646	provided in paragraph (d) and to take alligator hatchlings and
1647	alligator eggs occurring in the wild, and to possess and process
1648	alligators taken under authority of such agency relationship,
1649	and to possess, process, and sell their hides and meat, shall be
1650	$50. Such license shall be issued only in conjunction with an
1651	alligator farming license, and shall bear on its face in
1652	indelible ink the name and license number of the alligator
1653	farming licenseholder for whom the holder of this license is
1654	acting as an agent.
1655	Section 39.  Subsection (6) is added to section 379.3761,
1656	Florida Statutes, to read:
1657	379.3761  Exhibition or sale of wildlife; fees;
1658	classifications.--
1659	(6)  A person who violates this section is punishable as
1660	provided in s. 379.4015.
1661	Section 40.  Subsection (5) of section 379.3762, Florida
1662	Statutes, is amended to read:
1663	379.3762  Personal possession of wildlife.--
1664	(5)  A person who violates Persons in violation of this
1665	section is shall be punishable as provided in s. 379.4015
1666	379.401.
1667	Section 41.  Paragraph (a) of subsection (2) and paragraph
1668	(a) of subsection (4) of section 379.401, Florida Statutes, are
1669	amended to read:
1670	379.401  Penalties and violations; civil penalties for
1671	noncriminal infractions; criminal penalties; suspension and
1672	forfeiture of licenses and permits.--
1673	(2)(a)  LEVEL TWO VIOLATIONS.--A person commits a Level Two
1674	violation if he or she violates any of the following provisions:
1675	1.  Rules or orders of the commission relating to seasons
1676	or time periods for the taking of wildlife, freshwater fish, or
1677	saltwater fish.
1678	2.  Rules or orders of the commission establishing bag,
1679	possession, or size limits or restricting methods of taking
1680	wildlife, freshwater fish, or saltwater fish.
1681	3.  Rules or orders of the commission prohibiting access or
1682	otherwise relating to access to wildlife management areas or
1683	other areas managed by the commission.
1684	4.  Rules or orders of the commission relating to the
1685	feeding of wildlife, freshwater fish, or saltwater fish.
1686	5.  Rules or orders of the commission relating to landing
1687	requirements for freshwater fish or saltwater fish.
1688	6.  Rules or orders of the commission relating to
1689	restricted hunting areas, critical wildlife areas, or bird
1690	sanctuaries.
1691	7.  Rules or orders of the commission relating to tagging
1692	requirements for wildlife game and fur-bearing animals.
1693	8.  Rules or orders of the commission relating to the use
1694	of dogs for the taking of wildlife game.
1695	9.  Rules or orders of the commission which are not
1696	otherwise classified.
1697	10.  Rules or orders of the commission prohibiting the
1698	unlawful use of finfish traps.
1699	11.  All prohibitions in this chapter which are not
1700	otherwise classified.
1701	12.  Section 379.33, prohibiting the violation of or
1702	noncompliance with commission rules.
1703	13.  Section 379.407(6), prohibiting the sale, purchase,
1704	harvest, or attempted harvest of any saltwater product with
1705	intent to sell.
1706	14.  Section 379.2421, prohibiting the obstruction of
1707	waterways with net gear.
1708	15.  Section 379.413, prohibiting the unlawful taking of
1709	bonefish.
1710	16.  Section 379.365(2)(a) and (b), prohibiting the
1711	possession or use of stone crab traps without trap tags and
1712	theft of trap contents or gear.
1713	17.  Section 379.366(4)(b), prohibiting the theft of blue
1714	crab trap contents or trap gear.
1715	18.  Section 379.3671(2)(c), prohibiting the possession or
1716	use of spiny lobster traps without trap tags or certificates and
1717	theft of trap contents or trap gear.
1718	19.  Section 379.357, prohibiting the possession of tarpon
1719	without purchasing a tarpon tag.
1720	20.  Rules or orders of the commission Section 379.409,
1721	prohibiting the feeding or enticement of alligators or
1722	crocodiles.
1723	21.  Section 379.105, prohibiting the intentional
1724	harassment of hunters, fishers, or trappers.
1725	(4)(a)  LEVEL FOUR VIOLATIONS.--A person commits a Level
1726	Four violation if he or she violates any of the following
1727	provisions:
1728	1.  Section 379.365(2)(c), prohibiting criminal activities
1729	relating to the taking of stone crabs.
1730	2.  Section 379.366(4)(c), prohibiting criminal activities
1731	relating to the taking and harvesting of blue crabs.
1732	3.  Section 379.367(4), prohibiting the willful molestation
1733	of spiny lobster gear.
1734	4.  Section 379.3671(2)(c)5., prohibiting the unlawful
1735	reproduction, possession, sale, trade, or barter of spiny
1736	lobster trap tags or certificates.
1737	5.  Section 379.354(16), prohibiting the making, forging,
1738	counterfeiting, or reproduction of a recreational license or
1739	possession of same without authorization from the commission.
1740	6.  Section 379.404(5), prohibiting the sale of illegally-
1741	taken deer or wild turkey.
1742	7.  Section 379.405, prohibiting the molestation or theft
1743	of freshwater fishing gear.
1744	8.  Section 379.409, prohibiting the unlawful killing,
1745	injuring, possessing, or capturing of alligators or other
1746	crocodilia or their eggs.
1747	Section 42.  Paragraph (a) of subsection (2) of section
1748	379.4015, Florida Statutes, is amended to read:
1749	379.4015  Captive wildlife penalties.--
1750	(2)  LEVEL TWO.--Unless otherwise provided by law, the
1751	following classifications and penalties apply:
1752	(a)  A person commits a Level Two violation if he or she
1753	violates any of the following provisions:
1754	1.  Unless otherwise stated in subsection (1), rules or
1755	orders of the commission that require a person to pay a fee to
1756	obtain a permit to possess captive wildlife or that require the
1757	maintenance of records relating to captive wildlife.
1758	2.  Rules or orders of the commission relating to captive
1759	wildlife not specified in subsection (1) or subsection (3).
1760	3.  Rules or orders of the commission that require housing
1761	of wildlife in a safe manner when a violation results in an
1762	escape of wildlife other than Class I wildlife.
1763	4.  Section 379.372, relating to capturing, keeping,
1764	possessing, transporting, or exhibiting venomous reptiles or
1765	reptiles of concern.
1766	5.  Section 379.373, relating to requiring a license or
1767	permit for the capturing, keeping, possessing, or exhibiting of
1768	venomous reptiles or reptiles of concern.
1769	6.  Section 379.374, relating to bonding requirements for
1770	public exhibits of venomous reptiles.
1771	7.  Section 379.305, relating to commission rules and
1772	regulations to prevent the escape of venomous reptiles or
1773	reptiles of concern.
1774	8.  Section 379.304, relating to exhibition or sale of
1775	wildlife.
1776	9.  Section 379.3761, relating to exhibition or sale of
1777	wildlife.
1778	10.  Section 379.3762, relating to personal possession of
1779	wildlife.
1780	Section 43.  Section 379.501, Florida Statutes, is created
1781	to read:
1782	379.501  Aquatic weeds and plants; prohibitions;
1783	violations; penalties; intent.--
1784	(1)  A person may not:
1785	(a)  Violate this section or any provision of s. 369.20 or
1786	s. 369.22 related to aquatic weeds and plants;
1787	(b)  Fail to obtain any permit required by s. 369.20 or s.
1788	369.22 or by commission rule implementing s. 369.20 or s.
1789	369.22, or violate or fail to comply with any rule, regulation,
1790	order, permit, or certification adopted or issued by the
1791	commission pursuant to s. 369.20 or s. 369.22; or
1792	(c)  Knowingly make any false statement, representation, or
1793	certification in any application, record, report, plan, or other
1794	document filed or required to be maintained under s. 369.20 or
1795	s. 369.22, or falsify, tamper with, or knowingly render
1796	inaccurate any monitoring device or method required to be
1797	maintained under s. 369.20 or s. 369.22 or by any permit, rule,
1798	regulation, or order issued under s. 369.20 or s. 369.22.
1799	(2)  Any person who violates any provision of subsection
1800	(1) is liable to the state for any damage caused to the aquatic
1801	weeds or plants and for civil penalties as provided in s.
1802	379.502.
1803	(3)  Any person who willfully commits a violation of
1804	paragraph (1)(a) commits a felony of the third degree,
1805	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1806	Each day during any portion of which such violation occurs
1807	constitutes a separate offense.
1808	(4)  Any person who commits a violation specified in
1809	paragraph (1)(a) due to reckless indifference or gross careless
1810	disregard commits a misdemeanor of the second degree, punishable
1811	as provided in s. 775.082 or s. 775.083.
1812	(5)  Any person who willfully commits a violation specified
1813	in paragraph (1)(b) or paragraph (1)(c) commits a misdemeanor of
1814	the first degree, punishable as provided in s. 775.082 or s.
1815	775.083.
1816	(6)  It is the intent of the Legislature that the civil
1817	penalties and criminal fines imposed by a court be of such an
1818	amount as to ensure immediate and continued compliance with this
1819	section.
1820	(7)  Penalties assessed pursuant to ss. 379.501-379.504 are
1821	in addition to any penalties assessed by the Board of Trustees
1822	of the Internal Improvement Trust Fund, the Department of
1823	Environmental Protection, or a water management district
1824	pursuant to chapter 253, chapter 373, or chapter 403.
1825	Section 44.  Section 379.502, Florida Statutes, is created
1826	to read:
1827	379.502  Enforcement; procedure; remedies.--The commission
1828	has the following judicial and administrative remedies available
1829	to it for violations of s. 379.501:
1830	(1)(a)  The commission may institute a civil action in a
1831	court of competent jurisdiction to establish liability and to
1832	recover damages for any injury to the waters or property of the
1833	state, including animal, plant, and aquatic life, caused by any
1834	violation of s. 379.501.
1835	(b)  The commission may institute a civil action in a court
1836	of competent jurisdiction to impose and to recover a civil
1837	penalty for each violation in an amount of not more than $10,000
1838	per offense. However, the court may receive evidence in
1839	mitigation. Each day, during any portion of which such violation
1840	occurs, constitutes a separate offense.
1841	(c)  Except as provided in paragraph (2)(c), the fact that
1842	the commission has failed to exhaust its administrative
1843	remedies, has failed to serve a notice of violation, or has
1844	failed to hold an administrative hearing before initiating a
1845	civil action is not a defense to, or grounds for dismissal of,
1846	the judicial remedies for damages and civil penalties.
1847	(2)(a)  The commission may institute an administrative
1848	proceeding to establish liability and to recover damages for any
1849	injury to the waters or property of the state, including animal,
1850	plant, or aquatic life, caused by any violation of s. 379.501.
1851	The commission may order that the violator pay a specified sum
1852	as damages to the state. Judgment for the amount of damages
1853	determined by the commission may be entered in any court having
1854	jurisdiction thereof and may be enforced as any other judgment.
1855	(b)  If the commission has reason to believe that a
1856	violation has occurred, it may institute an administrative
1857	proceeding to order the prevention, abatement, or control of the
1858	conditions creating the violation or other appropriate
1859	corrective action. The commission shall proceed administratively
1860	in all cases in which the commission seeks administrative
1861	penalties that do not exceed $10,000 per assessment as
1862	calculated in accordance with subsections (3), (4), (5), and
1863	(6). The commission may not impose administrative penalties in
1864	excess of $10,000 in a notice of violation. The commission may
1865	not have more than one notice of violation seeking
1866	administrative penalties pending against the same party at the
1867	same time unless the violations occurred at a different site or
1868	the violations were discovered by the commission subsequent to
1869	the filing of a previous notice of violation.
1870	(c)  An administrative proceeding shall be instituted by
1871	the commission's serving of a written notice of violation upon
1872	the alleged violator by certified mail. If the commission is
1873	unable to effect service by certified mail, the notice of
1874	violation may be hand delivered or personally served in
1875	accordance with chapter 48. The notice shall specify the
1876	provision of the law, rule, regulation, permit, certification,
1877	or order of the commission alleged to have been violated and the
1878	facts alleged to constitute a violation thereof. An order for
1879	corrective action, penalty assessment, or damages may be
1880	included along with the notice. If the commission is seeking to
1881	impose an administrative penalty for any violation of s. 379.501
1882	by issuing a notice of violation, any corrective action needed
1883	to correct the violation or damages caused by the violation must
1884	be pursued in the notice of violation or they are waived.
1885	However, an order does not become effective until after service
1886	and an administrative hearing, if requested within 20 days after
1887	service. Failure to request an administrative hearing within
1888	this period constitutes a waiver, unless the respondent files a
1889	written notice with the commission within this period opting out
1890	of the administrative process initiated by the commission. Any
1891	respondent choosing to opt out of the administrative process
1892	initiated by the commission must file a written notice with the
1893	commission, within 20 days after service of the notice of
1894	violation, opting out of the administrative process. A
1895	respondent's decision to opt out of the administrative process
1896	does not preclude the commission from initiating a state court
1897	action seeking injunctive relief, damages, and the judicial
1898	imposition of civil penalties.
1899	(d)  If a person timely files a petition challenging a
1900	notice of violation, that person will thereafter be referred to
1901	as the respondent. The hearing requested by the respondent shall
1902	be held within 180 days after the commission has referred the
1903	initial petition to the Division of Administrative Hearings
1904	unless the parties agree to a later date. The commission has the
1905	burden of proving by the preponderance of the evidence that the
1906	respondent is responsible for the violation. An administrative
1907	penalty may not be imposed unless the commission satisfies that
1908	burden. Following the close of the hearing, the administrative
1909	law judge shall issue a final order on all matters, including
1910	the imposition of an administrative penalty. If the commission
1911	seeks to enforce that portion of a final order imposing
1912	administrative penalties pursuant to s. 120.69, the respondent
1913	may not assert as a defense the inappropriateness of the
1914	administrative remedy. The commission retains its final-order
1915	authority in all administrative actions that do not request the
1916	imposition of administrative penalties.
1917	(e)  After filing a petition requesting a formal hearing in
1918	response to a notice of violation, a respondent may request that
1919	a private mediator be appointed to mediate the dispute by
1920	contacting the Florida Conflict Resolution Consortium within 10
1921	days after receipt of the initial order from the administrative
1922	law judge. The Florida Conflict Resolution Consortium shall pay
1923	all of the costs of the mediator and for up to 8 hours of the
1924	mediator's time per case at $150 per hour. Upon notice from the
1925	respondent, the Florida Conflict Resolution Consortium shall
1926	provide the respondent with a panel of possible mediators from
1927	the area in which the hearing on the petition would be heard.
1928	The respondent shall select the mediator and notify the Florida
1929	Conflict Resolution Consortium of the selection within 15 days
1930	after receipt of the proposed panel of mediators. The Florida
1931	Conflict Resolution Consortium shall provide all of the
1932	administrative support for the mediation process. The mediation
1933	must be completed at least 15 days before the final hearing date
1934	set by the administrative law judge.
1935	(f)  In any administrative proceeding brought by the
1936	commission, the prevailing party shall recover all costs as
1937	provided in ss. 57.041 and 57.071. The costs must be included in
1938	the final order. The respondent is the prevailing party when an
1939	order is entered awarding no penalties to the commission and the
1940	order has not been reversed on appeal or the time for seeking
1941	judicial review has expired. The respondent is entitled to an
1942	award of attorney's fees if the administrative law judge
1943	determines that the notice of violation issued by the commission
1944	was not substantially justified as defined in s. 57.111(3)(e).
1945	An award of attorney's fees as provided by this subsection may
1946	not exceed $15,000.
1947	(g)  This section does not prevent any other legal or
1948	administrative action in accordance with law. This subsection
1949	does not limit the commission's authority set forth in this
1950	section and ss. 379.503 and 379.504 to judicially pursue
1951	injunctive relief. If the commission exercises its authority to
1952	judicially pursue injunctive relief, penalties in any amount up
1953	to the statutory maximum sought by the commission must be
1954	pursued as part of the state court action and not by initiating
1955	a separate administrative proceeding. The commission retains the
1956	authority to judicially pursue penalties in excess of $10,000
1957	for violations not specifically included in the administrative
1958	penalty schedule, or for multiple or multiday violations alleged
1959	to exceed a total of $10,000. The commission also retains the
1960	authority provided in this section and ss. 379.503 and 379.504
1961	to judicially pursue injunctive relief and damages, if a notice
1962	of violation seeking the imposition of administrative penalties
1963	has not been issued. The commission may enter into a settlement
1964	before or after initiating a notice of violation, and the
1965	settlement may include a penalty amount that is different from
1966	the administrative penalty schedule. Any case filed in state
1967	court because it is alleged to exceed a total of $10,000 in
1968	penalties may be settled in the court action for less than
1969	$10,000.
1970	(h)  The provisions of chapter 120 shall apply to any
1971	administrative action taken by the commission under this section
1972	or any delegated program pursuing administrative penalties in
1973	accordance with this section.
1974	(3)  Administrative penalties must be calculated according
1975	to the following schedule:
1976	(a)  For violations of s. 379.501(1)(a) or (b), $3,000.
1977	(b)  For failure to conduct required monitoring or testing
1978	in compliance with a permit, $2,000.
1979	(c)  For failure to prepare, submit, maintain, or use
1980	required reports or other required documentation, $500.
1981	(d)  For failure to comply with any other regulatory
1982	statute or rule requirement relating to the administration of
1983	the commission's powers under s. 369.20 or s. 369.22 not
1984	otherwise identified in this section, $500.
1985	(4)  For each additional day during which a violation
1986	occurs, the administrative penalties in subsection (3) may be
1987	assessed per day, per violation.
1988	(5)  The history of noncompliance of the violator for any
1989	previous violation resulting in an executed consent order, but
1990	not including a consent order entered into without a finding of
1991	violation, or resulting in a final order or judgment on or after
1992	July 1, 2009, involving the imposition of $2,000 or more in
1993	penalties, shall be taken into consideration in the following
1994	manner:
1995	(a)  One previous such violation within 5 years prior to
1996	the filing of the notice of violation shall result in a 25-
1997	percent per day increase in the scheduled administrative
1998	penalty.
1999	(b)  Two previous such violations within 5 years prior to
2000	the filing of the notice of violation shall result in a 50-
2001	percent per day increase in the scheduled administrative
2002	penalty.
2003	(c)  Three or more previous such violations within 5 years
2004	before the filing of the notice of violation shall result in a
2005	100-percent per day increase in the scheduled administrative
2006	penalty.
2007	(6)  The direct economic benefit gained by the violator
2008	from the violation shall be added to the scheduled
2009	administrative penalty. The total administrative penalty,
2010	including any economic benefit added to the scheduled
2011	administrative penalty, may not exceed $10,000.
2012	(7)  The administrative penalties assessed for any
2013	particular violation may not exceed $3,000 against any one
2014	violator unless the violator has a history of noncompliance, the
2015	economic benefit of the violation as described in subsection (6)
2016	exceeds $3,000, or there are multiday violations. The total
2017	administrative penalties may not exceed $10,000 per assessment
2018	for all violations attributable to a specific person in the
2019	notice of violation.
2020	(8)  The administrative law judge may receive evidence in
2021	mitigation. The penalties identified in subsection (3) may be
2022	reduced up to 50 percent by the administrative law judge for
2023	mitigating circumstances, including good faith efforts to comply
2024	prior to or after discovery of the violations by the commission.
2025	Upon an affirmative finding that the violation was caused by
2026	circumstances beyond the reasonable control of the respondent
2027	and could not have been prevented by the respondent's due
2028	diligence, the administrative law judge may further reduce the
2029	penalty.
2030	(9)  Penalties collected under this section shall be
2031	deposited into the Invasive Plant Control Trust Fund to carry
2032	out the purposes set forth in ss. 369.20, 369.22, and 369.252.
2033	The Florida Conflict Resolution Consortium may use a portion of
2034	the fund to administer the mediation process provided in
2035	paragraph (2)(e) and to contract with private mediators for
2036	administrative penalty cases related to s. 369.20 or s. 369.22.
2037	(10)  The purpose of the administrative penalty schedule
2038	and process is to provide a more predictable and efficient
2039	manner for individuals and businesses to resolve relatively
2040	minor environmental disputes. Subsections (3) through (7) do not
2041	limit a state court in the assessment of damages. The
2042	administrative penalty schedule does not apply to the judicial
2043	imposition of civil penalties in state court as provided in this
2044	section.
2045	Section 45.  Section 379.503, Florida Statutes, is created
2046	to read:
2047	379.503  Civil action.--
2048	(1)  The commission may institute a civil action in a court
2049	of competent jurisdiction to seek injunctive relief to enforce
2050	compliance with ss. 379.501, 379.502, and 379.504 or any rule,
2051	regulation, permit, certification, or order adopted or issued by
2052	the commission pursuant to s. 369.20 or s. 369.22; to enjoin any
2053	violation specified in s. 379.501(1); and to seek injunctive
2054	relief to prevent irreparable injury to the waters and property,
2055	including animal, plant, and aquatic life, of the state and to
2056	protect human health, safety, and welfare caused or threatened
2057	by any violation of s. 379.501.
2058	(2)  All the judicial and administrative remedies to
2059	recover damages and penalties in this section and s. 379.502 are
2060	alternative and mutually exclusive.
2061	Section 46.  Section 379.504, Florida Statutes, is created
2062	to read:
2063	379.504  Civil liability; joint and several liability.--
2064	(1)  A person who commits a violation specified in s.
2065	379.501(1) is liable to the state for any damage caused to the
2066	waters or property of the state, including animal, plant, or
2067	aquatic life, and for reasonable costs and expenses of the state
2068	in restoring its waters and property, including animal, plant,
2069	and aquatic life, to their former condition, and furthermore is
2070	subject to the judicial imposition of a civil penalty for each
2071	offense in an amount of not more than $10,000 per offense.
2072	However, the court may receive evidence in mitigation. Each day
2073	during any portion of which such violation occurs constitutes a
2074	separate offense. This section does not give the commission the
2075	right to bring an action on behalf of any private person.
2076	(2)  If two or more persons violate s. 379.501(1) so that
2077	the damage is indivisible, each violator shall be jointly and
2078	severally liable for the damage and for the reasonable cost and
2079	expenses of the state incurred in restoring the waters and
2080	property of the state, including the animal, plant, and aquatic
2081	life, to their former condition. However, if the damage is
2082	divisible and may be attributed to a particular violator or
2083	violators, each violator is liable only for that damage
2084	attributable to his or her violation.
2085	(3)  In assessing damages for fish killed, the value of the
2086	fish shall be determined in accordance with a table of values
2087	for individual categories of fish, which shall be adopted by the
2088	Department of Environmental Protection pursuant to s.
2089	403.141(3). The total number of fish killed may be estimated by
2090	standard practices used in estimating fish population.
2091	Section 47.  Subsection (1) of section 403.088, Florida
2092	Statutes, is amended to read:
2093	403.088  Water pollution operation permits; conditions.--
2094	(1)  No person, without written authorization of the
2095	department, shall discharge into waters within the state any
2096	waste which, by itself or in combination with the wastes of
2097	other sources, reduces the quality of the receiving waters below
2098	the classification established for them. However, this section
2099	shall not be deemed to prohibit the application of pesticides to
2100	waters in the state for the control of insects, aquatic weeds,
2101	or algae, provided the application is performed pursuant to a
2102	program approved by the Department of Health, in the case of
2103	insect control, or the Fish and Wildlife Conservation Commission
2104	department, in the case of aquatic weed or algae control. The
2105	department is directed to enter into interagency agreements to
2106	establish the procedures for program approval. Such agreements
2107	shall provide for public health, welfare, and safety, as well as
2108	environmental factors. Approved programs must provide that only
2109	chemicals approved for the particular use by the United States
2110	Environmental Protection Agency or by the Department of
2111	Agriculture and Consumer Services may be employed and that they
2112	be applied in accordance with registered label instructions,
2113	state standards for such application, and the provisions of the
2114	Florida Pesticide Law, part I of chapter 487.
2115	Section 48.  The Fish and Wildlife Conservation Commission,
2116	in consultation with the Department of Environmental Protection,
2117	is directed to establish a pilot program to explore potential
2118	options for regulating the anchoring or mooring of non-live-
2119	aboard vessels outside the marked boundaries of public mooring
2120	fields.
2121	(1)  The goals of the pilot program are to encourage the
2122	establishment of additional public mooring fields and to develop
2123	and test policies and regulatory regimes that:
2124	(a)  Promote the establishment and use of public mooring
2125	fields.
2126	(b)  Promote public access to the waters of this state.
2127	(c)  Enhance navigational safety.
2128	(d)  Protect maritime infrastructure.
2129	(e)  Protect the marine environment.
2130	(f)  Deter improperly stored, abandoned, or derelict
2131	vessels.
2132	(2)  Each location selected for inclusion in the pilot
2133	program must be associated with a properly permitted mooring
2134	field. The commission, in consultation with the department,
2135	shall select all locations for the pilot program prior to July
2136	1, 2011. Two locations shall be off the east coast of the state,
2137	two locations shall be off the west coast of the state, and one
2138	location shall be within Monroe County. The locations selected
2139	must be geographically diverse and take into consideration the
2140	various users and means of using the waters of this state.
2141	(3)  Notwithstanding the provisions of s. 327.60, Florida
2142	Statutes, a county or municipality selected for participation in
2143	the pilot program may regulate by ordinance the anchoring of
2144	vessels, other than live-aboard vessels as defined in s. 327.02,
2145	Florida Statutes, outside of a mooring field. Any ordinance
2146	enacted under the pilot program shall take effect and become
2147	enforceable only after approval by the commission. The
2148	commission shall not approve any ordinance not consistent with
2149	the goals of the pilot program.
2150	(4)  The commission shall:
2151	(a)  Provide consultation and technical assistance to each
2152	municipality or county selected for participation in the pilot
2153	program to facilitate accomplishment of the pilot program's
2154	goals.
2155	(b)  Coordinate the review of any proposed ordinance with
2156	the department; the United States Coast Guard; the Florida
2157	Inland Navigation District or the West Coast Inland Navigation
2158	District, as appropriate; and associations or other
2159	organizations representing vessel owners or operators.
2160	(c)  Monitor and evaluate at least annually each location
2161	selected for participation in the pilot program and make such
2162	modifications as may be necessary to accomplish the pilot
2163	program's goals.
2164	(5)  The commission shall submit a report of its findings
2165	and recommendations to the Governor, the President of the
2166	Senate, and the Speaker of the House of Representatives by
2167	January 1, 2014.
2168	(6)  The pilot program shall expire on July 1, 2014, unless
2169	reenacted by the Legislature. All ordinances enacted under this
2170	section shall expire concurrently with the expiration of the
2171	pilot program and shall be inoperative and unenforceable
2172	thereafter.
2173	(7)  Nothing in this section shall be construed to affect
2174	any mooring field authorized pursuant to s. 253.77, s. 327.40,
2175	or part IV of chapter 373, Florida Statutes, as applicable, or
2176	any lawful ordinance regulating the anchoring of any vessels
2177	within the marked boundaries of such mooring fields.
2178	Section 49.  The statutory powers, duties, and functions
2179	related to ss. 369.20, 369.22, and 369.252, Florida Statutes,
2180	which were transferred by chapter 2008-150, Laws of Florida, and
2181	all records, personnel, and property; unexpended balances of
2182	appropriations, allocations, and other funds; administrative
2183	authority; administrative rules; pending issues; and existing
2184	contracts of the Bureau of Invasive Plant Management in the
2185	Department of Environmental Protection are transferred by a type
2186	two transfer, pursuant to s. 20.06(2), Florida Statutes, to the
2187	Fish and Wildlife Conservation Commission. All actions taken
2188	pursuant to chapter 2008-150, Laws of Florida, and the
2189	Interagency Agreement executed pursuant thereto are ratified.
2190	Section 50.  The Invasive Plant Control Trust Fund, FLAIR
2191	number 37-2-030, in the Department of Environmental Protection
2192	is transferred to the Fish and Wildlife Conservation Commission,
2193	FLAIR number 77-2-030.
2194	Section 51.  Beginning in the 2009-2010 fiscal year and
2195	continuing each fiscal year thereafter, the sum of $185,000 is
2196	appropriated from the State Game Trust Fund to the Fish and
2197	Wildlife Conservation Commission for the costs associated with
2198	the shoreline fishing license exemption pursuant to s.
2199	379.354(4)(k), Florida Statutes.
2200	Section 52.  For the purpose of incorporating the amendment
2201	made by this act to section 319.32, Florida Statutes, in a
2202	reference thereto, paragraph (a) of subsection (2) of section
2203	379.209, Florida Statutes, is reenacted to read:
2204	379.209  Nongame Wildlife Trust Fund.--
2205	(2)(a)  There is established within the Fish and Wildlife
2206	Conservation Commission the Nongame Wildlife Trust Fund. The
2207	fund shall be credited with moneys collected pursuant to ss.
2208	319.32(3) and 320.02(8). Additional funds may be provided from
2209	legislative appropriations and by donations from interested
2210	individuals and organizations. The commission shall designate an
2211	identifiable unit to administer the trust fund.
2212	Section 53.  For the purpose of incorporating the amendment
2213	made by this act to section 379.353, Florida Statutes, in a
2214	reference thereto, subsection (7) of section 379.3581, Florida
2215	Statutes, is reenacted to read:
2216	379.3581  Hunter safety course; requirements; penalty.--
2217	(7)  The hunter safety requirements of this section do not
2218	apply to persons for whom licenses are not required under s.
2219	379.353(2).
2220	Section 54.  For the purpose of incorporating the amendment
2221	made by this act to section 379.354, Florida Statutes, in a
2222	reference thereto, section 379.2213, Florida Statutes, is
2223	reenacted to read:
2224	379.2213  Management area permit revenues.--The commission
2225	shall expend the revenue generated from the sale of the
2226	management area permit as provided for in s. 379.354(8)(g) or
2227	that pro rata portion of any license that includes management
2228	area privileges as provided for in s. 379.354(4)(h), (i), and
2229	(j) for the lease, management, and protection of lands for
2230	public hunting, fishing, and other outdoor recreation.
2231	Section 55.  For the purpose of incorporating the amendment
2232	made by this act to section 379.354, Florida Statutes, in a
2233	reference thereto, section 379.3501, Florida Statutes, is
2234	reenacted to read:
2235	379.3501  Expiration of licenses and permits.--Each license
2236	or permit issued under this part must be dated when issued. Each
2237	license or permit issued under this part remains valid for 12
2238	months after the date of issuance, except for a lifetime license
2239	issued pursuant to s. 379.354 which is valid from the date of
2240	issuance until the death of the individual to whom the license
2241	is issued unless otherwise revoked in accordance with s. 379.401
2242	or s. 379.404, or a 5-year license issued pursuant to s. 379.354
2243	which is valid for 5 consecutive years from the date of purchase
2244	unless otherwise revoked in accordance with s. 379.401 or s.
2245	379.404, or a license issued pursuant to s. 379.354(5)(a), (b),
2246	(c), (d), or (g) or (8)(f), (g)2., or (h)1., which is valid for
2247	the period specified on the license. A resident lifetime license
2248	or a resident 5-year license that has been purchased by a
2249	resident of this state and who subsequently resides in another
2250	state shall be honored for activities authorized by that
2251	license.
2252	Section 56.  For the purpose of incorporating the amendment
2253	made by this act to section 379.354, Florida Statutes, in a
2254	reference thereto, subsection (2) of section 379.3712, Florida
2255	Statutes, is reenacted to read:
2256	379.3712  Private hunting preserve license fees;
2257	exception.--
2258	(2)  A commercial hunting preserve license, which shall
2259	exempt patrons of licensed preserves from the license and permit
2260	requirements of s. 379.354(4)(c), (d), (f), (h), (i) and (j);
2261	(5)(g) and (h); (8)(a), (b), and (e); (9)(a)2.; (11); and (12)
2262	while hunting on the licensed preserve property, shall be $500.
2263	Such commercial hunting preserve license shall be available only
2264	to those private hunting preserves licensed pursuant to this
2265	section which are operated exclusively for commercial purposes,
2266	which are open to the public, and for which a uniform fee is
2267	charged to patrons for hunting privileges.
2268	Section 57.  Section 403.9335, Florida Statutes, is created
2269	to read:
2270	403.9335  Coral reef protection.--
2271	(1)  This section may be cited as the "Florida Coral Reef
2272	Protection Act."
2273	(2)  This act applies to the sovereign submerged lands that
2274	contain coral reefs as defined in this act off the coasts of
2275	Broward, Martin, Miami-Dade, Monroe, and Palm Beach counties.
2276	(3)  As used in this section, the term:
2277	(a)  "Aggravating circumstances" means operating,
2278	anchoring, or mooring a vessel in a reckless or wanton manner;
2279	under the influence of drugs or alcohol; or otherwise with
2280	disregard for boating regulations concerning speed, navigation,
2281	or safe operation.
2282	(b)  "Coral" means species of the phylum Cnidaria found in
2283	state waters including:
2284	1.  Class Anthozoa, including the subclass Octocorallia,
2285	commonly known as gorgonians, soft corals, and telestaceans; and
2286	2.  Orders Scleractinia, commonly known as stony corals;
2287	Stolonifera, including, among others, the organisms commonly
2288	known as organ-pipe corals; Antipatharia, commonly known as
2289	black corals; and Hydrozoa, including the family Millaporidae
2290	and family Stylasteridae, commonly known as hydrocoral.
2291	(c)  "Coral reefs" mean:
2292	1.  Limestone structures composed wholly or partially of
2293	living corals, their skeletal remains, or both, and hosting
2294	other coral, associated benthic invertebrates, and plants; or
2295	2.  Hard-bottom communities, also known as live bottom
2296	habitat or colonized pavement, characterized by the presence of
2297	coral and associated reef organisms or worm reefs created by the
2298	Phragmatopoma species.
2299	(d)  "Damages" means moneys paid by any person or entity,
2300	whether voluntarily or as a result of administrative or judicial
2301	action, to the state as compensation, restitution, penalty,
2302	civil penalty, or mitigation for causing injury to or
2303	destruction of coral reefs.
2304	(e)  "Department" means the Department of Environmental
2305	Protection.
2306	(f)  "Fund" means the Ecosystem Management and Restoration
2307	Trust Fund.
2308	(g)  "Person" means any and all persons, natural or
2309	artificial, foreign or domestic, including any individual, firm,
2310	partnership, business, corporation, and company and the United
2311	States and all political subdivisions, regions, districts,
2312	municipalities, and public agencies thereof.
2313	(h)  "Responsible party" means the owner, operator,
2314	manager, or insurer of any vessel.
2315	(4)  The Legislature finds that coral reefs are valuable
2316	natural resources that contribute ecologically, aesthetically,
2317	and economically to the state. Therefore, the Legislature
2318	declares it is in the best interest of the state to clarify the
2319	department's powers and authority to protect coral reefs through
2320	timely and efficient recovery of monetary damages resulting from
2321	vessel groundings and anchoring-related injuries. It is the
2322	intent of the Legislature that the department be recognized as
2323	the state's lead trustee for coral reef resources located within
2324	waters of the state or on sovereignty submerged lands unless
2325	preempted by federal law. This section does not divest other
2326	state agencies and political subdivisions of the state of their
2327	interests in protecting coral reefs.
2328	(5)  The responsible party who knows or should know that
2329	their vessel has run aground, struck, or otherwise damaged coral
2330	reefs must notify the department of such an event within 24
2331	hours after its occurrence. Unless otherwise prohibited or
2332	restricted by the United States Coast Guard, the responsible
2333	party must remove or cause the removal of the grounded or
2334	anchored vessel within 72 hours after the initial grounding or
2335	anchoring absent extenuating circumstances such as weather, or
2336	marine hazards that would prevent safe removal of the vessel.
2337	The responsible party must remove or cause the removal of the
2338	vessel or its anchor in a manner that avoids further damage to
2339	coral reefs and shall consult with the department in
2340	accomplishing this task. The responsible party must cooperate
2341	with the department to undertake damage assessment and primary
2342	restoration of the coral reef in a timely fashion.
2343	(6)  In any action or suit initiated pursuant to chapter
2344	253 on the behalf of the Board of Trustees of the Internal
2345	Improvement Trust Fund, or under chapter 373 or this chapter for
2346	damage to coral reefs, the department may recover all damages
2347	from the responsible party, including, but not limited to:
2348	(a)  Compensation for the cost of replacing, restoring, or
2349	acquiring the equivalent of the coral reef injured and the value
2350	of the lost use and services of the coral reef pending its
2351	restoration, replacement, or acquisition of the equivalent coral
2352	reef, or the value of the coral reef if the coral reef cannot be
2353	restored or replaced or if the equivalent cannot be acquired.
2354	(b)  The cost of damage assessments, including staff time.
2355	(c)  The cost of activities undertaken by or at the request
2356	of the department to minimize or prevent further injury to coral
2357	or coral reefs pending restoration, replacement, or acquisition
2358	of an equivalent.
2359	(d)  The reasonable cost of monitoring the injured,
2360	restored, or replaced coral reef for at least 10 years. Such
2361	monitoring is not required for a single occurrence of damage to
2362	a coral reef damage totaling less than or equal to 1 square
2363	meter.
2364	(e)  The cost of enforcement actions undertaken in response
2365	to the destruction or loss of or injury to a coral reef,
2366	including court costs, attorney's fees, and expert witness fees.
2367	(7)  The department may use habitat equivalency analysis as
2368	the method by which the compensation described in subsection (5)
2369	is calculated. The parameters for calculation by this method may
2370	be prescribed by rule adopted by the department.
2371	(8)  In addition to the compensation described in
2372	subsection (5), the department may assess, per occurrence, civil
2373	penalties according the following schedule:
2374	(a)  For any anchoring of a vessel on a coral reef or for
2375	any other damage to a coral reef totaling less than or equal to
2376	an area of 1 square meter, $150, provided that a responsible
2377	party who has anchored a recreational vessel as defined in s.
2378	327.02 which is lawfully registered or exempt from registration
2379	pursuant to chapter 328 is issued, at least once, a warning
2380	letter in lieu of penalty; with aggravating circumstances, an
2381	additional $150; occurring within a state park or aquatic
2382	preserve, an additional $150.
2383	(b)  For damage totaling more than an area of 1 square
2384	meter but less than or equal to an area of 10 square meters,
2385	$300 per square meter; with aggravating circumstances, an
2386	additional $300 per square meter; occurring within a state park
2387	or aquatic preserve, an additional $300 per square meter.
2388	(c)  For damage exceeding an area of 10 square meters,
2389	$1,000 per square meter; with aggravating circumstances, an
2390	additional $1,000 per square meter; occurring within a state
2391	park or aquatic preserve, an additional $1,000 per square meter.
2392	(d)  For a second violation, the total penalty may be
2393	doubled.
2394	(e)  For a third violation, the total penalty may be
2395	tripled.
2396	(f)  For any violation after a third violation, the total
2397	penalty may be quadrupled.
2398	(g)  The total of penalties levied may not exceed $250,000
2399	per occurrence.
2400	(9)  To carry out the intent of this section, the
2401	department may enter into delegation agreements with another
2402	state agency or any coastal county with coral reefs within its
2403	jurisdiction. In deciding to execute such agreements, the
2404	department must consider the ability of the potential delegee to
2405	adequately and competently perform the duties required to
2406	fulfill the intent of this section. When such agreements are
2407	executed by the parties and incorporated in department rule, the
2408	delegee shall have all rights accorded the department by this
2409	section. Nothing herein shall be construed to require the
2410	department, another state agency, or a coastal county to enter
2411	into such an agreement.
2412	(10)  Nothing in this section shall be construed to prevent
2413	the department or other state agencies from entering into
2414	agreements with federal authorities related to the
2415	administration of the Florida Keys National Marine Sanctuary.
2416	(11) All damages recovered by or on behalf of this state
2417	for injury to, or destruction of, the coral reefs of the state
2418	that would otherwise be deposited in the general revenue
2419	accounts of the State Treasury or in the Internal Improvement
2420	Trust Fund shall be deposited in the Ecosystem Management and
2421	Restoration Trust Fund in the department and shall remain in
2422	such account until expended by the department for the purposes
2423	of this section. Moneys in the fund received from damages
2424	recovered for injury to, or destruction of, coral reefs must be
2425	expended only for the following purposes:
2426	(a) To provide funds to the department for reasonable costs
2427	incurred in obtaining payment of the damages for injury to, or
2428	destruction of, coral reefs, including administrative costs and
2429	costs of experts and consultants. Such funds may be provided in
2430	advance of recovery of damages.
2431	(b)  To pay for restoration or rehabilitation of the
2432	injured or destroyed coral reefs or other natural resources by a
2433	state agency or through a contract to any qualified person.
2434	(c)  To pay for alternative projects selected by the
2435	department. Any such project shall be selected on the basis of
2436	its anticipated benefits to the residents of this state who used
2437	the injured or destroyed coral reefs or other natural resources
2438	or will benefit from the alternative project.
2439	(d)  All claims for trust fund reimbursements under
2440	paragraph (a) must be made within 90 days after payment of
2441	damages is made to the state.
2442	(e)  Each private recipient of fund disbursements shall be
2443	required to agree in advance that its accounts and records of
2444	expenditures of such moneys are subject to audit at any time by
2445	appropriate state officials and to submit a final written report
2446	describing such expenditures within 90 days after the funds have
2447	been expended.
2448	(f)  When payments are made to a state agency from the fund
2449	for expenses compensable under this subsection, such
2450	expenditures shall be considered as being for extraordinary
2451	expenses, and no agency appropriation shall be reduced by any
2452	amount as a result of such reimbursement.
2453	(12)  The department may adopt rules pursuant to ss.
2454	120.536 and 120.54 to administer this section.
2455	Section 58.  Paragraph (b) of subsection (2) of section
2456	403.1651, Florida Statutes, is amended to read:
2457	403.1651  Ecosystem Management and Restoration Trust Fund.-
2458	-
2459	(2)  The trust fund shall be used for the deposit of all
2460	moneys recovered by the state:
2461	(b)  For injury to or destruction of coral reefs, which
2462	moneys would otherwise be deposited into the General Revenue
2463	Fund or the Internal Improvement Trust Fund. The department may
2464	enter into settlement agreements that require responsible
2465	parties to pay a third party to fund projects related to the
2466	restoration of a coral reef, to accomplish mitigation for injury
2467	to a coral reef, or to support the activities of law enforcement
2468	agencies related to coral reef injury response, investigation
2469	and assessment. Participation of a law enforcement agency in the
2470	receipt of funds through this mechanism shall be at the law
2471	enforcement agency's discretion.
2472	Section 59.  Subsection (3) of section 253.04, Florida
2473	Statutes, is repealed.
2474	Section 60.  Section 380.0558, Florida Statutes, is
2475	repealed.
2476	Section 61.  Effective October 1, 2009, section 327.22,
2477	Florida Statutes, is repealed.
2478	Section 62.  Effective July 1, 2010, sections 379.2211 and
2479	379.2212, Florida Statutes, are repealed.
2480	Section 63.  Subsection (7) of section 379.366, Florida
2481	Statutes, is repealed.
2482	Section 64.  Except as otherwise expressly provided in this
2483	act, this act shall take effect July 1, 2009.

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