Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 1290
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: NC/2R          .                                
             03/10/2016 11:33 AM       .                                

       Senator Dean moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 245
    4  insert:
    5         Section 1. Section 327.45, Florida Statutes, is created to
    6  read:
    7         327.45Protection zones for springs.—
    8         (1) As used in this section, the term “navigable waters of
    9  the United States” means the waters of the United States,
   10  including the territorial seas, as referenced in the Clean Water
   11  Act, 33 U.S.C. ss. 1251 et seq., and the federal rules and
   12  regulations promulgated thereunder.
   13         (2) The commission may establish by rule protection zones
   14  that restrict the speed and operation of vessels to protect and
   15  prevent harm to springs. This harm includes negative impacts to
   16  water quality, water quantity, hydrology, wetlands, and aquatic
   17  and wetland-dependent species.
   18         (3) When developing a protection zone, the commission shall
   19  do so in consultation and coordination with the water management
   20  district, the Department of Environmental Protection, and the
   21  governing bodies of the county and municipality, if applicable,
   22  in which the zone is located. If the zone includes navigable
   23  waters of the United States, the commission shall additionally
   24  coordinate with the United States Coast Guard and the United
   25  States Army Corps of Engineers.
   26         (4) Any individual who operates a vessel in violation of a
   27  spring protection zone rule adopted pursuant to this section
   28  shall be charged on a uniform boating citation as provided in s.
   29  327.74 and is subject to the penalties provided in s.
   30  327.73(1)(y).
   31         (5) Restrictions in a protection zone do not apply:
   32         (a) To law enforcement, firefighting, or rescue personnel
   33  operating a vessel in the course of performing their official
   34  duties; or
   35         (b) In emergency situations. However, the emergency
   36  operation of a vessel must be a reasonable response given the
   37  circumstances.
   38         (6) The commission is responsible for the posting and
   39  maintenance of regulatory markers identifying protection zones.
   40         (7) The commission may adopt rules to implement this
   41  section.
   42         Section 2. Paragraph (y) is added to subsection (1) of
   43  section 327.73, Florida Statutes, to read:
   44         327.73 Noncriminal infractions.—
   45         (1) Violations of the following provisions of the vessel
   46  laws of this state are noncriminal infractions:
   47         (y)Section 327.45, relating to protection zones for
   48  springs, for which the penalty is:
   49         1. For a first offense, $50.
   50         2. For a second offense occurring within 12 months after a
   51  prior conviction, $250.
   52         3. For a third offense occurring within 36 months after a
   53  prior conviction, $500.
   54         4. For a fourth or subsequent offense occurring within 72
   55  months after a prior conviction, $1,000.
   57  Any person cited for a violation of any provision of this
   58  subsection shall be deemed to be charged with a noncriminal
   59  infraction, shall be cited for such an infraction, and shall be
   60  cited to appear before the county court. The civil penalty for
   61  any such infraction is $50, except as otherwise provided in this
   62  section. Any person who fails to appear or otherwise properly
   63  respond to a uniform boating citation shall, in addition to the
   64  charge relating to the violation of the boating laws of this
   65  state, be charged with the offense of failing to respond to such
   66  citation and, upon conviction, be guilty of a misdemeanor of the
   67  second degree, punishable as provided in s. 775.082 or s.
   68  775.083. A written warning to this effect shall be provided at
   69  the time such uniform boating citation is issued.
   70         Section 3. Subsection (1) of section 327.731, Florida
   71  Statutes, is amended to read:
   72         327.731 Mandatory education for violators.—
   73         (1) A person convicted of a criminal violation under this
   74  chapter, convicted of a noncriminal infraction under this
   75  chapter if the infraction resulted in a reportable boating
   76  accident, or convicted of two noncriminal infractions as
   77  specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y)
   78  (s)-(x), said infractions occurring within a 12-month period,
   79  must:
   80         (a) Enroll in, attend, and successfully complete, at his or
   81  her own expense, a classroom or online boating safety course
   82  that is approved by and meets the minimum standards established
   83  by commission rule;
   84         (b) File with the commission within 90 days proof of
   85  successful completion of the course; and
   86         (c) Refrain from operating a vessel until he or she has
   87  filed proof of successful completion of the course with the
   88  commission.
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete line 2
   93  and insert:
   94         An act relating to state areas; creating s. 327.45,
   95         F.S.; defining a term; authorizing the Fish and
   96         Wildlife Conservation Commission to establish certain
   97         protection zones; requiring the commission to develop
   98         such zones in consultation and coordination with
   99         certain entities; requiring the commission to
  100         coordinate with additional entities under certain
  101         circumstances; providing penalties for certain
  102         violations; providing applicability; amending s.
  103         327.73, F.S.; providing penalties for violations
  104         relating to protection zones for springs; amending s.
  105         327.731, F.S.; conforming provisions to changes made
  106         by the act; amending s. 253.025,