SB 494 — Fish and Wildlife Conservation Commission

Through such programs as the Florida Communities Trust and the Florida Recreation Development Assistance Program, the state shall place additional emphasis on Page 4 of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 acquiring, protecting, preserving, and restoring open space, ecological greenways, and recreation properties within urban, 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 must 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.

10.

The state has embraced performance-based program Page 5 of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 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 must shall be developed and implemented in the context of measurable state goals and objectives.

11.

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 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 Page 6 of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 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 must shall include as a consideration in management plan development the restoration, enhancement, management, and repopulation of such habitats.

Each lead land managing agency, in consultation with the Fish and Wildlife Conservation Commission, shall consider in the management plan for all state lands under its management which are greater in size than 40 contiguous acres the feasibility of using a portion of the property as a gopher tortoise recipient site.

If, during consultation with the Fish and Wildlife Conservation Commission, the lead land managing agency determines that the recipient site management is not in conflict with the primary management objects of the parcel, the management plan must contain a component or section prepared by a qualified wildlife biologist which assesses the feasibility of managing the site as a recipient site for gopher tortoises, consistent with the rules Page 7 of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 of the Fish and Wildlife Conservation Commission.

Each land management agency shall consult with the Fish and Wildlife Conservation Commission on feasibility assessments and implementation of gopher tortoise management.

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 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.

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, 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 Page 8 of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 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.

Section 2.

The administration Pageof 9a breath test does not preclude the administration of 36another CODING:type of test.

The person shall be told that his or her failure to submit to any lawful test of his or her breath under this chapter will result in a civil penalty of $500, and shall also Page 3 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 ofbe told that if he or she refuses to submit to a breathlawful test doesof nothis precludeor theher administrationbreath ofand anotherhe typeor ofshe test.has been previously fined under s.

The person shall be told that his or her failure to submit to any lawful test of his or her breath under this chapter will result in a civil penalty of $500, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath and he or she has been previously fined under s.

The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was operating a vessel within this state while under the influence Pageof 10chemical ofsubstances 36or CODING:controlled substances.

The urine test must shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy Page 4 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 of chemicalthe substancesspecimen orand controlledmaintain substances.the privacy of the individual involved.

The urine test must shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved.

(c) A person who accepts the privilege extended by the laws of this state of operating a vessel within this state is, by operating such vessel, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was operating a vessel while under the influence of alcoholic beverages or Pagechemical 11or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of 36a CODING:breath or urine test is impractical or impossible.

As used in this paragraph, the term “other medical Page 5 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 chemicalfacility” orincludes controlledan substancesambulance and the person appears for treatment at a hospital, clinic, or other medical facilityemergency andvehicle. the administration of a breath or urine test is impractical or impossible.

As used in this paragraph, the term “other medical facility” includes an ambulance or other medical emergency vehicle.

Section 3.2.

Along with the statement, the officer Pageshall 12must also submit a sworn statement on a form provided by the commission department that the person has been advised of 36both CODING:the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 shallSection must3. also submit a sworn statement on a form provided by the commission department that the person has been advised of both the penalties for failure to submit to the blood, breath, or urine test and the procedure for requesting a hearing.

Section 4.

(c) When participating in interscholastic, intercollegiate, intramural, or club rowingathletic teamteams practices or competitions,sports ifaffiliated thewith adjacentan areaeducational outsideinstitution ofidentified thein markeds. channel is not suitable for such practice or competition.

The1000.21, teamss. must use their best efforts to make use of the adjacent area outside of the marked channel.

Section1002.01(2), 5.s.

1003.01(2), s.

1005.02(4), or s.

1005.03(1)(d).

Section 4.

Section 6.5.

Paragraph (b) of subsection (1) of section Page327.46, 13Florida ofStatutes, 36is CODING:amended to read:

327.46 Boating-restricted areas.— (1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such Page 7 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 327.46,restrictions Floridaare Statutes,necessary isbased amendedon boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to read:protect seagrasses on privately owned submerged lands.

327.46 Boating-restricted areas.— (1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be 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 Pagepublic 14on ofwaterways 36not CODING:exceeding 300 feet in width.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 public on waterways not exceeding 300 feet in width.

Within 300 feet of any bridge span presenting a vertical clearancePage of8 less than 25 feet or a horizontal clearance of less30 thanCODING: 100 feet.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 clearance of less than 25 feet or a horizontal clearance of less than 100 feet.

PageSection 156. of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 Section 7.

Section 8.7.

(22)Page “Marine9 fish” means any saltwater species of finfish30 ofCODING: the classes Agnatha, Chondrichthyes, and Osteichthyes, and marine invertebrates of in the classes Gastropoda and, Bivalvia, the subphylum and Crustacea, or the phylum Echinodermata;

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 (22) “Marine fish” means any saltwater species of finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes, and marine invertebrates of in the classes Gastropoda and, Bivalvia, the subphylum and Crustacea, or the phylum Echinodermata;

Section 9.8.

The term includes derelict vessels Pageas 16defined ofin 36s. CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 as defined in s.

Section 10.9.

Whenever a law enforcement officer ascertains that:Page 10 of 30 CODING:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 that:

PageNOTICE 17TO ofTHE 36OWNER CODING:AND ALL PERSONS INTERESTED IN THE ATTACHED VESSEL.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED VESSEL.

and must be removedPage within11 21of days;30 CODING:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 removed within 21 days;

If the property is a motor vehicle as defined Pagein 18s. of 36 CODING:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 in s.

On receipt of this information, the law enforcement agencyPage shall12 mail a copy of the30 noticeCODING: 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 for a violation of s.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 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 for a violation of s.

Page327.73(1)(aa), 19has ofnot 36requested CODING:a hearing in accordance with this section, the following shall apply:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 327.73(1)(aa), has not requested a hearing in accordance with this section, the following shall apply:

327.73(1)(aa), the law enforcement agency may retain any or all of the property for its own use or for use by the state or unit of local government,Page trade13 such property to another unit of local30 governmentCODING: or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 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.

(4) The owner of any abandoned or lost property, or in the case of a derelict vessel or a vessel declared a public nuisance Pagepursuant 20to ofs. 36 CODING:

327.73(1)(aa), the owner or other party 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, Page 14 of 30 CODING:

Florida Senate - 2022 CS for CSSB 494 592-01302-22 2022494c1 or the agency’s or entity’s designee for SBall 494costs 576-02401-22of 2022494c2removal, pursuantstorage, toand s.destruction, and disposal of such property, less any salvage value obtained by disposal of the property.

327.73(1)(aa), the owner or other party 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.

The law enforcement officer or representative of the law enforcement agency or other governmental entity shall supply the Department of Highway PageSafety 21and Motor Vehicles with a list of 36persons CODING:whose vessel registration privileges and motor vehicle privileges have been revoked under this subsection.

The department or a person acting as an agent of the department may not issue a certificate of registration to a person whose vessel and motor vehicle registration privileges have been revoked, as provided by this Page 15 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 Safetysubsection, anduntil Motorsuch Vehiclescosts with a list of persons whose vessel registration privileges and motor vehicle privileges have been revokedpaid. under this subsection.

TheSection department10. or a person acting as an agent of the department may not issue a certificate of registration to a person whose vessel and motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid.

Section 11.

...(setting forth the date of Pageposting 22 of 36notice)..., CODING:signed:

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 posting of notice)..., signed:

327.73(1)(aa) is present on the waters of this state, the officer shall cause a notice to be placed upon such vesselPage in16 substantiallyof the30 followingCODING: form:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 vessel in substantially the following form:

may not be Pageless 23than of8 36inches CODING:by 10 inches and must shall be sufficiently weatherproof to withstand normal exposure to the elements.

In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner.

If such is reasonably available to the officer, she or he shall mail a copy of such notice to the owner on or before the Page 17 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 lessdate thanof 8posting. inches by 10 inches and must shall be sufficiently weatherproof to withstand normal exposure to the elements.

In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner.

If such is reasonably available to the officer, she or he shall mail a copy of such notice to the owner on or before the date of posting.

If, at the end of 5 days after posting the notice in sub-subparagraph 1.a., or at the end of 21 days after posting the notice in sub-subparagraph 1.b., and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, and, in the case of a Page 2418 of 3630 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 the notice in sub-subparagraph 1.a., or at the end of 21 days after posting the notice in sub-subparagraph 1.b., and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, and, in the case of a derelict vessel or a vessel declared a public nuisance pursuant to s.

A law enforcement agency or its designee may also take action as described in this sub-subparagraph if, following a hearing Pagepursuant 25to ofthis 36section, CODING:the judge, magistrate, administrative law judge, or hearing officer has determined the vessel to be derelict as provided in s.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 pursuant to this section, the judge, magistrate, administrative law judge, or hearing officer has determined the vessel to be derelict as provided in s.

Section 12.11.

Present subsections (4), (5), and (6) of sectionPage 823.11,19 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 subsection30 (2),CODING: subsection (3), and present subsections (5) and (6) of that section are amended, to read:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 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:

Attaching an outboard motor to a vessel that is otherwise junked will not cause the vessel to no longer be junked if such motor is not an effective means of Pagepropulsion 26as ofrequired 36by CODING:s.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 propulsion as required by s.

(II)Page The20 propulsionof system;30 CODING:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 (II) The propulsion system;

for Pagean 27owner or responsible party to remove a derelict vessel from the waters of 36this CODING:state or to repair and remedy the vessel’s derelict condition This subsection does not apply to a vessel that was derelict upon the waters of this state before the stated accident or event.

(3) The commission, an officer of the commission, or a law Page 21 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 anenforcement owneragency or responsibleofficer partyspecified toin removes. a derelict vessel from the waters of this state or to repair and remedy the vessel’s derelict condition This subsection does not apply to a vessel that was derelict upon the waters of this state before the stated accident or event.

(3) The commission, an officer of the commission, or a law enforcement agency or officer specified in s.

(b) All costs, including costs owed to a third party, incurred by the commission, another law enforcement agency, or a governmental subdivision, when the governmental subdivision has received authorization from a law enforcement officer or agency, Pagein 28the relocation, removal, storage, destruction, or disposal of 36a CODING:derelict vessel are recoverable against the vessel owner or the party determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 in the relocation, removal, storage, destruction, or disposal of a derelict vessel are recoverable against the vessel owner or the party determined to be legally responsible for the vessel being upon the waters of this state in a derelict condition.

705.103(4), a personPage who22 neglects or refuses to pay such costs may not be issued a certificate of registration30 forCODING: such vessel or for any other vessel or motor vehicle until such costs have been paid.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 person who neglects or refuses to pay such costs may not be issued a certificate of registration for such vessel or for any other vessel or motor vehicle until such costs have been paid.

Page(4)(a) 29Removal of 36derelict CODING:vessels under this subsection may be funded by grants provided in s.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 (4)(a) Removal of derelict vessels under this subsection may be funded by grants provided in s.

(c) The commission may establish a program to provide grantsPage to23 local governments for the removal, storage, destruction, and disposal of derelict30 vesselsCODING: from the waters of this state.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 grants to local governments for the removal, storage, destruction, and disposal of derelict vessels from the waters of this state.

The number of derelict vessels within the jurisdiction Page 30 of 36the CODING:applicant.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 of the applicant.

The degree of commitment of the local government to maintain waters free of abandoned and derelict vessels and to seekPage legal24 action against those who abandon vessels in the waters of this30 stateCODING: as defined in s.

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 seek legal action against those who abandon vessels in the waters of this state as defined in s.

327.70 under subsection (6) (5) for a violation of subsection (2) or a violation of s.

Section 13.12.

934.50 Searches and seizure using a drone.— Page(4) 31EXCEPTIONS.—This section does not prohibit the use of 36a CODING:drone:

(p) By an a non-law enforcement employee of the Fish and Wildlife Conservation Commission or of the Florida Forest Service for the purposes of managing and eradicating invasive exotic plants or animals on public lands and suppressing and Page 25 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 (4)mitigating EXCEPTIONS.—Thiswildfire sectionthreats. does not prohibit the use of a drone:

(p)Section By13. an a non-law enforcement employee of the Fish and Wildlife Conservation Commission or of the Florida Forest Service for the purposes of managing and eradicating invasive exotic plants or animals on public lands and suppressing and mitigating wildfire threats.

Section 14.

Section 15.14.

The department may issue a certificate of title once a law enforcement officer has verified in writing, which may be provided by facsimile, e-mail electronic mail, or other electronic means, that the vessel is Pageno 32longer ofa 36derelict CODING:or public nuisance vessel.

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Florida Senate - 2022 CS for CS for SB 494 576-02401-22 2022494c2 no longer a derelict or public nuisance vessel.

Section 16.

Section 17.16.

surcharge;Page 26 of 30 CODING:

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Florida Senate - 2022 CS for SB 494 592-01302-22 2022494c1 surcharge;

If, before January 1 of each calendar year, the accounting report meeting the prescribed criteria has still not been provided to the commission, the tax collector of that county may not distribute the moneys designated for the use of counties, as specified in Pagesubsection 33(1), to the board of 36county CODING:commissioners but shall, for the next calendar year, remit such moneys to the state for deposit into the Marine Resources Conservation Trust Fund.

The commission shall return those moneys to the county if the county fully complies with this section within that calendar year.

If the county does not fully comply with this section within that Page 27 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 subsectioncalendar (1),year, to the boardmoneys ofshall countyremain commissionerswithin but shall, for the nextMarine calendarResources year,Trust remitFund suchand moneysmay tobe theappropriated state for deposit into the Marinepurposes Resourcesspecified Conservationin Trustthis Fund.subsection.

The commission shall return those moneys to the county if the county fully complies with this section within that calendar year.

If the county does not fully comply with this section within that calendar year, the moneys shall remain within the Marine Resources Trust Fund and may be appropriated for the purposes specified in this subsection.

Section 18.17.

376.15(3)(d) and (e), for the removal of derelict and public nuisance vessels from the public Pagewaters 34 of 36the CODING:state.

Section 18.

For the purpose of incorporating the amendment made by this act to section 327.371, Florida Statutes, in a reference thereto, paragraph (dd) of subsection (1) of section 327.73, Florida Statutes, is reenacted to read:

327.73 Noncriminal infractions.— Page 28 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 waters(1) Violations of the state.following provisions of the vessel laws of this state are noncriminal infractions:

Section 19.

For the purpose of incorporating the amendment made by this act to section 327.371, Florida Statutes, in a reference thereto, paragraph (dd) of subsection (1) of section 327.73, Florida Statutes, is reenacted to read:

327.73 Noncriminal infractions.— (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions:

998 Any person cited for a violation of any provision of this subsection shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court.

Section 20.19.

125.01 Powers and duties.— Page(4) 35The legislative and governing body of 36a CODING:county shall not have the power to regulate the taking or possession of saltwater fish, as defined in s.

379.101, with respect to the method of taking, size, number, season, or species.

However, this subsection does not prohibit a county from prohibiting, for reasons of protecting the public health, safety, or welfare, Page 29 of 30 CODING:

Florida Senate - 2022 CS for CS for SB 494 576-02401-22592-01302-22 2022494c22022494c1 (4)saltwater Thefishing legislativefrom andreal governingproperty bodyowned ofby athat countycounty, shallnor notdoes haveit theprohibit power to regulate the takingimposition or possession of saltwaterexcise fish,taxes asby definedcounty inordinance. s.

379.101,Section with20. respect to the method of taking, size, number, season, or species.

However, this subsection does not prohibit a county from prohibiting, for reasons of protecting the public health, safety, or welfare, saltwater fishing from real property owned by that county, nor does it prohibit the imposition of excise taxes by county ordinance.

Section 21.

Section 22.21.

Page 3630 of 3630 CODING: