HB 323 — Fish and Wildlife Conservation Commission

4.

It is essential to protect the state's ecosystems by promoting a more efficient use of land, to ensure opportunities Page 4of 44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 for viable agricultural activities on working lands, and to promote vital rural and urban communities that support and produce development patterns consistent with natural resource protection.

5.

The state's groundwater, surface waters, and springs are under tremendous pressure due to population growth and economic expansion and require special protection and restoration efforts, including the protection of uplands and springsheds that provide vital recharge to aquifer systems and are critical to the protection of water quality and water quantity of the aquifers and springs.

To ensure that sufficient quantities of water are available to meet the current and future needs of the natural systems and citizens of the state, and assist in achieving the planning goals of the department and the water management districts, water resource development projects on public lands, if compatible with the resource values of and management objectives for the lands, are appropriate.

6.

The needs of urban, suburban, and small communities in the state for high-quality outdoor recreational opportunities, greenways, trails, and open space have not been fully met by previous acquisition programs.

Through such programs as the Florida Communities Trust and the Florida Recreation Development Assistance Program, the state shall place additional emphasis on acquiring, protecting, preserving, and restoring open space, ecological greenways, and recreation properties within urban, Page 5of 44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 suburban, and rural areas where pristine natural communities or water bodies no longer exist because of the proximity of developed property.

7.

Many of the state's unique ecosystems, such as the Florida Everglades, are facing ecological collapse due to the state's burgeoning population growth and other economic activities.

To preserve these valuable ecosystems for future generations, essential parcels of land must be acquired to facilitate ecosystem restoration.

8.

Access to public lands to support a broad range of outdoor recreational opportunities and the development of necessary infrastructure, if compatible with the resource values of and management objectives for such lands, promotes an appreciation for the state's natural assets and improves the quality of life.

9.

Acquisition of lands, in fee simple, less than fee interest, or other techniques shall be based on a comprehensive science-based assessment of the state's natural resources which targets essential conservation lands by prioritizing all current and future acquisitions based on a uniform set of data and planned so as to protect the integrity and function of ecological systems and working landscapes, and provide multiple benefits, including preservation of fish and wildlife habitat, recreation space for urban and rural areas, and the restoration of natural water storage, flow, and recharge.

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 10.

The state has embraced performance-based program budgeting as a tool to evaluate the achievements of publicly funded agencies, build in accountability, and reward those agencies which are able to consistently achieve quantifiable goals.

While previous and existing state environmental programs have achieved varying degrees of success, few of these programs can be evaluated as to the extent of their achievements, primarily because performance measures, standards, outcomes, and goals were not established at the outset.

Therefore, the Florida Forever program shall be developed and implemented in the context of measurable state goals and objectives.

11.a.

The state must play a major role in the recovery and management of its imperiled species through the acquisition, restoration, enhancement, and management of ecosystems that can support the major life functions of such species.

It is the intent of the Legislature to support local, state, and federal programs that result in net benefit to imperiled species habitat by providing public and private land owners meaningful incentives for acquiring, restoring, managing, and repopulating habitats for imperiled species.

It is the further intent of the Legislature that public lands, both existing and to be acquired, identified by the lead land managing agency, in consultation with the Fish and Wildlife Conservation Commission for animals or the Department of Agriculture and Consumer Services for plants, as habitat or potentially restorable habitat for Page 7of 44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 imperiled species, be restored, enhanced, managed, and repopulated as habitat for such species to advance the goals and objectives of imperiled species management for conservation, recreation, or both, consistent with the land management plan without restricting other uses identified in the management plan.

It is also the intent of the Legislature that of the proceeds distributed pursuant to subsection (3), additional consideration be given to acquisitions that achieve a combination of conservation goals, including the restoration, enhancement, management, or repopulation of habitat for imperiled species.

The council, in addition to the criteria in subsection (9), shall give weight to projects that include acquisition, restoration, management, or repopulation of habitat for imperiled species.

The term "imperiled species" as used in this chapter and chapter 253, means plants and animals that are federally listed under the Endangered Species Act, or state- listed by the Fish and Wildlife Conservation Commission or the Department of Agriculture and Consumer Services.

As part of the state's role, all state lands that have imperiled species habitat shall include as a consideration in management plan development the restoration, enhancement, management, and repopulation of such habitats.

In addition, the lead land managing agency of such state lands may use fees received from public or private entities for projects to offset adverse impacts to imperiled species or their habitat in order to Page 8of 44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 restore, enhance, manage, repopulate, or acquire land and to implement land management plans developed under s.

253.034 or a land management prospectus developed and implemented under this chapter.

Such fees shall be deposited into a foundation or fund created by each land management agency under s.

379.223, s.

589.012, or s.

259.032(9)(c), to be used solely to restore, manage, enhance, repopulate, or acquire imperiled species habitat.

b.

The Legislature recognizes that there have been geographical and capacity constraints on available gopher tortoise recipient sites that have coincided with increased demands for such sites.

The Legislature also recognizes that the success of gopher tortoise conservation depends on participation by privately owned lands and the use of appropriate public lands for gopher tortoise and other imperiled species management and recovery.

To encourage adequate capacity for relocating gopher tortoises, each lead land managing agency, in consultation with the Fish and Wildlife Conservation Commission, shall consider the feasibility of using a portion of state lands as a gopher tortoise recipient site in management plans for all state lands under the management of the agency that are greater than 40 contiguous acres.

If the lead land managing agency, in consultation with the Fish and Wildlife Conservation Commission, determines that gopher tortoise recipient site management does not conflict with the primary management objectives of the Page 9of 44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 lands, the management plan must contain a component prepared by the agency or cooperatively with a Fish and Wildlife Conservation Commission wildlife biologist that assesses the feasibility of managing the lands as a recipient site for gopher tortoises consistent with rules of the Fish and Wildlife Conservation Commission.

The feasibility assessment by the lead land managing agency must also evaluate the economic feasibility of establishing a gopher tortoise recipient site, including the initial cost and recurring management costs of operating the gopher tortoise recipient site consistent with the rules of the Fish and Wildlife Conservation Commission and the revenue projections necessary to ensure the initial and recurring costs of establishing and perpetually maintaining the gopher tortoise recipient site do not create an increased recurring expense for the agency.

12.

There is a need to change the focus and direction of the state's major land acquisition programs and to extend funding and bonding capabilities, so that future generations may enjoy the natural resources of this state.

(b) The Legislature recognizes that acquisition of lands in fee simple is only one way to achieve the aforementioned goals and encourages the use of less-than-fee interests, other techniques, and the development of creative partnerships between governmental agencies and private landowners.

Such partnerships may include those that advance the restoration, enhancement, Page 10 of44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 management, or repopulation of imperiled species habitat on state lands as provided for in subparagraph (a)11.

Easements acquired pursuant to s.

570.71(2)(a) and (b), land protection agreements, and nonstate funded tools such as rural land stewardship areas, sector planning, gopher tortoise recipient sites, and mitigation should be used, where appropriate, to bring environmentally sensitive tracts under an acceptable level of protection at a lower financial cost to the public, and to provide private landowners with the opportunity to enjoy and benefit from their property.

The owner of lands where a conservation easement or other less-than-fee interest has been acquired by the board or another state agency or a regional or local government may establish a recipient site or conservation bank on the lands to advance the restoration, enhancement, management, or repopulation of imperiled species habitat so long as the recipient site or operation and maintenance of the conservation bank does not interfere with the management plan for the conservation easement and the landowner complies with all state and federal permitting requirements for the recipient site or conservation bank.

Section 2.

(1) By December 31, 2022, the Fish and Wildlife Conservation Commission shall streamline and improve the review of applications for public and private gopher tortoise recipient sites.

Requests for additional information must be received by the applicant within 45 days after receipt Page 11 of44 CODING:

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 of an application and the commission shall approve or deny a complete application within 45 days after receipt of such application.

(2) By October 31, 2022, the Fish and Wildlife Conservation Commission shall:

(a) Establish an ongoing effort to encourage the establishment of new gopher tortoise recipient sites on private lands throughout the state;

and (b) Update its permitting systems to create an online dashboard to show permitted and available capacity for reservations in permitted gopher tortoise recipient sites to assist with the efficient relocation of gopher tortoises.

(3) By February 1, 2023, the Fish and Wildlife Conservation Commission shall submit a report to the President of the Senate and the Speaker of the House of Representatives that includes the following information:

(a) The progress made in establishing new private and public gopher tortoise recipient sites;

(b) The average time it takes to approve or deny a recipient site application once a complete application is received;

(c) Any federal action taken to modify the listing of the gopher tortoise under the Endangered Species Act;

and (d) Any other information relevant to the gopher tortoise conservation program.

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hb0323-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323 2022 Section 3.

Section 4.2.

Present paragraph (c) of subsection (1) of section 327.371, Florida Statutes, is redesignated as paragraph (d), and a new paragraph (c) is added to that subsection, to read:Page 3of 34 CODING:

327.371 Human-powered vessels regulated.— (1) A person may operate a human-powered vessel within the boundaries of the marked channel of the Florida Intracoastal Waterway as defined in s.

327.02:

(c) When participating in practices or competitions for Page 13 of44 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 interscholastic,read: intercollegiate, intramural, or club rowing teams that are affiliated with an educational institution identified in s.

327.371 Human-powered vessels regulated.— (1) A person may operate a human-powered vessel within the boundaries of the marked channel of the Florida Intracoastal Waterway as defined in s.

327.02:

(c) When participating in interscholastic, intercollegiate, intramural, or club athletic teams or sports that are affiliated with an educational institution identified in s.

1005.03(1)(d)1005.03(1)(d). if the adjacent area outside of the marked channel is not suitable for such practice or competition.

TheSection teams3. must use their best efforts to make use of the adjacent area outside of the marked channel.

The commission must be notified in writing of the details of any such competition, and the notice must include, but need not be limited to, the date, time, and location of the competition.

Section 5.

Section 6.4.

327.46 Boating-restricted areas.— (1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be Page 144of of4434 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned submerged lands.

Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating Page 155of of4434 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 public on waterways not exceeding 300 feet in width.

Designated as a public bathing beach or swim area, except that public bathing beach or swim areas may not be established onin waterswhole thator includein anypart portionwithin the marked channel of the Florida Intracoastal Waterway or that are within 100 feet of theany markedportion channel of the Floridamarked Intracoastalchannel. Waterway.

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 Vessel exclusion zones created pursuant to this subparagraph must be marked with uniform waterway markers permitted by the commission in accordance with this chapter.

Section 7.5.

Section 8.6.

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 Section 9.7.

Section 10.8.

is unlawfully upon public property known as Page 188of of4434 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 ...(setting forth brief description of location)...

The owner or the party Page 199of of4434 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition or as a public nuisance will be liable for the costs of removal, destruction, and disposal if this vessel is not removed by the owner.

On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any, except that a law enforcement officer who has issued a citation Page 2010 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 for a violation of s.

327.73(1)(aa), the law enforcement agency may retain any or all Page 2111 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 of the property for its own use or for use by the state or unit of local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service.

327.73(1)(aa), the owner or other party Page 2212 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition or as a public nuisance, who, after notice as provided in this section, does not remove such property within the specified period is shall be liable to the law enforcement agency, other governmental entity, or the agency's or entity's designee for all costs of removal, storage, and destruction, and disposal of such property, less any salvage value obtained by disposal of the property.

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 775.082 or s.

Section 11.9.

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED Page 2414 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 PROPERTY.

Please contact ...(contact Page 2515 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 information for person who can arrange for a hearing in accordance with this section)...

On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return Page 2616 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 receipt requested, to the owner and to the lienholder, if any, except that a law enforcement officer who has issued a citation for a violation of s.

For abandoned property other than a derelict vessel or Page 2717 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 a vessel declared a public nuisance pursuant to s.

Section 12.10.

Present subsections (4), (5), and (6) of Page 2818 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 section 823.11, Florida Statutes, are redesignated as subsections (5), (6), and (7), respectively, a new subsection (4) is added to that section, and subsection (1), paragraph (c) of subsection (2), subsection (3), and present subsections (5) and (6) of that section are amended, to read:

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 c.

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 (2) (c) The additional time provided in subparagraph (b)2.

The commission shall implement a plan for the procurement of any Page 3121 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 available federal disaster funds and use such funds for the removal of derelict vessels.

(b)(c) A contractor performing such activities at the direction of the commission, an officer of the commission, a law Page 3222 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 enforcement agency or officer, or a governmental subdivision, when the governmental subdivision has received authorization for the relocation or removal from a law enforcement officer or agency, pursuant to this section must be licensed in accordance with applicable United States Coast Guard regulations where required;

In a given Page 3323 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 fiscal year, if all funds appropriated pursuant to this paragraph are not requested by and granted to local governments for the removal, storage, destruction, and disposal of derelict vessels or vessels declared a public nuisance pursuant to s.

A conviction under this section Page 3424 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 does not bar the assessment and collection of a the civil penalty provided in s.

Section 13.11.

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hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 Section 14.12.

Section 15.13.

The chemical or physical breath test must Page 3626 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was operating the vessel within this state while under the influence of alcoholic beverages.

877.111 or controlled substances if the person is lawfully arrested for any Page 3727 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 offense allegedly committed while the person was operating a vessel while under the influence of chemical substances or controlled substances.

775.083, in addition to any other penalties Page 3828 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 provided by law.

The refusal to submit to a blood test upon the request of a law enforcement officer is shall be admissible in Page 3929 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 evidence in any criminal proceeding.

Section 16.14.

Section 17.15.

Section 18.16.

marine turtle stickers.— (15) DISTRIBUTION OF FEES.—Except as provided in this Page 4030 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 subsection, moneys designated for the use of the counties, as specified in subsection (1), shall be distributed by the tax collector to the board of county commissioners for use only as provided in this section.

The commission shall return those moneys to the county if the county Page 4131 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 fully complies with this section within that calendar year.

Section 19.17.

376.15(3)(d) and (e), for the removal of derelict and public nuisance vessels from the public Page 4232 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 waters of the state.

Section 20.18.

Section 21.19.

This section does not prohibit a local government from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that local Page 4333 of44of34 CODING:

hb0323-02-c2hb0323-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB323CS/HB323 2022 government.

Section 22.20.

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hb0323-02-c2hb0323-01-c1