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



                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148

                            CHAMBER ACTION
              Senate                               House
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10  ______________________________________________________________

11  Senator Posey moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 49, between lines 14 and 15,

15

16  insert:

17         Section 16.  Subsection (2) of section 370.12, Florida

18  Statutes, is amended to read:

19         370.12  Marine animals; regulation.--

20         (2)  PROTECTION OF MANATEES OR SEA COWS.--

21         (a)  This subsection shall be known and may be cited as

22  the "Florida Manatee Sanctuary Act."

23         (b)  The State of Florida is hereby declared to be a

24  refuge and sanctuary for the manatee, the "Florida state

25  marine mammal." The protections extended to and authorized on

26  behalf of the manatee by this act are independent of, and

27  therefore are not contingent upon, its status as a state or

28  federal listed species.

29         (c)  Whenever the Fish and Wildlife Conservation

30  Commission is satisfied that the interest of science will be

31  subserved, and that the application for a permit to possess a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  manatee or sea cow (Trichechus manatus) is for a scientific or

  2  propagational purpose and should be granted, and after

  3  concurrence by the United States Department of the Interior,

  4  the commission may grant to any person making such application

  5  a special permit to possess a manatee or sea cow, which permit

  6  shall specify the exact number which shall be maintained in

  7  captivity.

  8         (d)  Except as may be authorized by the terms of a

  9  valid state permit issued pursuant to paragraph (c) or by the

10  terms of a valid federal permit, it is unlawful for any person

11  at any time, by any means, or in any manner intentionally or

12  negligently to annoy, molest, harass, or disturb or attempt to

13  molest, harass, or disturb any manatee; injure or harm or

14  attempt to injure or harm any manatee; capture or collect or

15  attempt to capture or collect any manatee; pursue, hunt,

16  wound, or kill or attempt to pursue, hunt, wound, or kill any

17  manatee; or possess, literally or constructively, any manatee

18  or any part of any manatee.

19         (e)  Any gun, net, trap, spear, harpoon, boat of any

20  kind, aircraft, automobile of any kind, other motorized

21  vehicle, chemical, explosive, electrical equipment, scuba or

22  other subaquatic gear, or other instrument, device, or

23  apparatus of any kind or description used in violation of any

24  provision of paragraph (d) may be forfeited upon conviction.

25  The foregoing provisions relating to seizure and forfeiture of

26  vehicles, vessels, equipment, or supplies do not apply when

27  such vehicles, vessels, equipment, or supplies are owned by,

28  or titled in the name of, innocent parties; and such

29  provisions shall not vitiate any valid lien, retain title

30  contract, or chattel mortgage on such vehicles, vessels,

31  equipment, or supplies if such lien, retain title contract, or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  chattel mortgage is property of public record at the time of

  2  the seizure.

  3         (f)1.  Except for emergency rules adopted under s.

  4  120.54, all proposed rules of the commission for which a

  5  notice of intended agency action is filed proposing to govern

  6  the speed and operation of motorboats for purposes of manatee

  7  protection shall be submitted to the counties in which the

  8  proposed rules will take effect for review by local rule

  9  review committees.

10         2.  No less than 60 days prior to filing a notice of

11  rule development in the Florida Administrative Weekly, as

12  provided in s. 120.54(3)(a), the commission shall notify the

13  counties for which a rule to regulate the speed and operation

14  of motorboats for the protection of manatees is proposed. A

15  county so notified shall establish a rule review committee or

16  several counties may combine rule review committees.

17         3.  The county commission of each county in which a

18  rule to regulate the speed and operation of motorboats for the

19  protection of manatees is proposed shall designate a rule

20  review committee.  The designated voting membership of the

21  rule review committee must be comprised of waterway users,

22  such as fishers, boaters, water skiers, other waterway users,

23  as compared to the number of manatee and other environmental

24  advocates. A county commission may designate an existing

25  advisory group as the rule review committee.  With regard to

26  each committee, fifty percent of the voting members shall be

27  manatee advocates and other environmental advocates, and fifty

28  percent of the voting members shall be waterway users.

29         4.  The county shall invite other state, federal,

30  county, municipal, or local agency representatives to

31  participate as nonvoting members of the local rule review

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  committee.

  2         5.  The county shall provide logistical and

  3  administrative staff support to the local rule review

  4  committee and may request technical assistance from commission

  5  staff.

  6         6.  Each local rule review committee shall elect a

  7  chair and recording secretary from among its voting members.

  8         7.  Commission staff shall submit the proposed rule and

  9  supporting data used to develop the rule to the local rule

10  review committees.

11         8.  The local rule review committees shall have 60 days

12  from the date of receipt of the proposed rule to submit a

13  written report to commission members and staff. The local rule

14  review committees may use supporting data supplied by the

15  commission, as well as public testimony which may be collected

16  by the committee, to develop the written report. The report

17  may contain recommended changes to proposed manatee protection

18  zones or speed zones, including a recommendation that no rule

19  be adopted, if that is the decision of the committee.

20         9.  Prior to filing a notice of proposed rulemaking in

21  the Florida Administrative Weekly as provided in s.

22  120.54(3)(a), the commission staff shall provide a written

23  response to the local rule review committee reports to the

24  appropriate counties, to the commission members, and to the

25  public upon request.

26         10.  In conducting a review of the proposed manatee

27  protection rule, the local rule review committees may address

28  such factors as whether the best available scientific

29  information supports the proposed rule, whether seasonal zones

30  are warranted, and such other factors as may be necessary to

31  balance manatee protection and public access to and use of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  waters being regulated under the proposed rule.

  2         11.  The written reports submitted by the local rule

  3  review committees shall contain a majority opinion. If the

  4  majority opinion is not unanimous, a minority opinion shall

  5  also be included.

  6         12.  The members of the commission shall fully consider

  7  any timely submitted written report submitted by a local rule

  8  review committee prior to authorizing commission staff to move

  9  forward with proposed rulemaking and shall fully consider any

10  timely submitted subsequent reports of the committee prior to

11  adoption of a final rule. The written reports of the local

12  rule review committees and the written responses of the

13  commission staff shall be part of the rulemaking record and

14  may be submitted as evidence regarding the committee's

15  recommendations in any proceeding relating to a rule proposed

16  or adopted pursuant to this subsection.

17         13.  The commission is relieved of any obligations

18  regarding the local rule review committee process created in

19  this paragraph if a timely noticed county commission fails to

20  timely designate the required rule review committee.

21         (g)(f)  In order to protect manatees or sea cows from

22  harmful collisions with motorboats or from harassment, the

23  Fish and Wildlife Conservation Commission is authorized, in

24  addition to all other authority, to provide a permitting

25  agency with comments shall adopt rules under chapter 120

26  regarding the expansion of existing, or the construction of

27  new, marine facilities and mooring or docking slips, by the

28  addition or construction of five or more powerboat slips. The

29  commission shall adopt rules under chapter 120, and regulating

30  the operation and speed of motorboat traffic, only where

31  manatee sightings are frequent and the best available

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  scientific information, as well as other available, relevant,

  2  and reliable information, which may include but is not limited

  3  to, manatee surveys, observations, available studies of food

  4  sources, and water depths, supports the conclusions that

  5  manatees it can be generally assumed, based on available

  6  scientific information, that they inhabit these areas on a

  7  regular or continuous basis:

  8         1.  In Lee County: the entire Orange River, including

  9  the Tice Florida Power and Light Corporation discharge canal

10  and adjoining waters of the Caloosahatchee River within 1 mile

11  of the confluence of the Orange and Caloosahatchee Rivers.

12         2.  In Brevard County: those portions of the Indian

13  River within three-fourths of a mile of the Orlando Utilities

14  Commission Delespine power plant effluent and the Florida

15  Power and Light Frontenac power plant effluents.

16         3.  In Indian River County: the discharge canals of the

17  Vero Beach Municipal Power Plant and connecting waters within

18  1 1/4  miles thereof.

19         4.  In St. Lucie County: the discharge of the Henry D.

20  King Municipal Electric Station and connecting waters within 1

21  mile thereof.

22         5.  In Palm Beach County: the discharges of the Florida

23  Power and Light Riviera Beach power plant and connecting

24  waters within 1 1/2  miles thereof.

25         6.  In Broward County: the discharge canal of the

26  Florida Power and Light Port Everglades power plant and

27  connecting waters within 1 1/2  miles thereof and the

28  discharge canal of the Florida Power and Light Fort Lauderdale

29  power plant and connecting waters within 2 miles thereof. For

30  purposes of ensuring the physical safety of boaters in a

31  sometimes turbulent area, the area from the easternmost edge

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  of the authorized navigation project of the intracoastal

  2  waterway east through the Port Everglades Inlet is excluded

  3  from this regulatory zone.

  4         7.  In Citrus County: headwaters of the Crystal River,

  5  commonly referred to as King's Bay, and the Homosassa River.

  6         8.  In Volusia County: Blue Springs Run and connecting

  7  waters of the St. Johns River within 1 mile of the confluence

  8  of Blue Springs and the St. Johns River; and Thompson Creek,

  9  Strickland Creek, Dodson Creek, and the Tomoka River.

10         9.  In Hillsborough County: that portion of the Alafia

11  River from the main shipping channel in Tampa Bay to U.S.

12  Highway 41.

13         10.  In Sarasota County: the Venice Inlet and

14  connecting waters within 1 mile thereof, including Lyons Bay,

15  Donna Bay, Roberts Bay, and Hatchett Creek, excluding the

16  waters of the intracoastal waterway and the right-of-way

17  bordering the centerline of the intracoastal waterway.

18         11.  In Collier County: within the Port of Islands,

19  within section 9, township 52 south, range 28 east, and

20  certain unsurveyed lands, all east-west canals and the

21  north-south canals to the southerly extent of the intersecting

22  east-west canals which lie southerly of the centerline of U.S.

23  Highway 41.

24         12.  In Manatee County: that portion of the Manatee

25  River east of the west line of section 17, range 19 east,

26  township 34 south; the Braden River south of the north line

27  and east of the west line of section 29, range 18 east,

28  township 34 south; Terra Ceia Bay and River, east of the west

29  line of sections 26 and 35 of range 17 east, township 33

30  south, and east of the west line of section 2, range 17 east,

31  township 34 south; and Bishop Harbor east of the west line of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  section 13, range 17 east, township 33 south.

  2         13.  In Miami-Dade County: those portions of Black

  3  Creek lying south and east of the water control dam, including

  4  all boat basins and connecting canals within 1 mile of the

  5  dam.

  6         (h)(g)  The Fish and Wildlife Conservation Commission

  7  shall adopt rules pursuant to chapter 120 regulating the

  8  operation and speed of motorboat traffic only where manatee

  9  sightings are frequent and the best available scientific

10  information, as well as other available, relevant, and

11  reliable information, which may include but is not limited to,

12  manatee surveys, observations, available studies of food

13  sources, and water depths, supports the conclusion that

14  manatees it can be generally assumed that they inhabit these

15  areas on a regular or continuous basis within that portion of

16  the Indian River between the St. Lucie Inlet in Martin County

17  and the Jupiter Inlet in Palm Beach County and. In addition,

18  the commission shall adopt rules pursuant to chapter 120

19  regulating the operation and speed of motorboat traffic only

20  where manatee sightings are frequent and it can be generally

21  assumed that they inhabit these areas on a regular or

22  continuous basis within the Loxahatchee River in Palm Beach

23  and Martin Counties, including the north and southwest forks

24  thereof. A limited lane or corridor providing for reasonable

25  motorboat speeds may be identified and designated within this

26  area.

27         (i)(h)  The commission shall adopt rules pursuant to

28  chapter 120 regulating the operation and speed of motorboat

29  traffic only where manatee sightings are frequent and the best

30  available scientific information, as well as other available,

31  relevant, and reliable information, which may include but is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  not limited to, manatee surveys, observations, available

  2  studies of food sources, and water depths, supports the

  3  conclusion that manatees it can be generally assumed that they

  4  inhabit these areas on a regular or continuous basis within

  5  the Withlacoochee River and its tributaries in Citrus and Levy

  6  Counties. The specific areas to be regulated include the

  7  Withlacoochee River and the U.S. 19 bridge westward to a line

  8  between U.S. Coast Guard markers number 33 and number 34 at

  9  the mouth of the river, including all side channels and coves

10  along that portion of the river; Bennets' Creek from its

11  beginning to its confluence with the Withlacoochee River;

12  Bird's Creek from its beginning to its confluence with the

13  Withlacoochee River; and the two dredged canal systems on the

14  north side of the Withlacoochee River southwest of Yankeetown.

15  A limited lane or corridor providing for reasonable motorboat

16  speeds may be identified and designated within this area.

17         (j)(i)  If any new power plant is constructed or other

18  source of warm water discharge is discovered within the state

19  which attracts a concentration of manatees or sea cows, the

20  Fish and Wildlife Conservation commission is directed to adopt

21  rules pursuant to chapter 120 regulating the operation and

22  speed of motorboat traffic within the area of such discharge.

23  Such rules shall designate a zone which is sufficient in size,

24  and which shall remain in effect for a sufficient period of

25  time, to protect the manatees or sea cows.

26         (k)(j)  It is the intent of the Legislature through

27  adoption of this paragraph to allow the Fish and Wildlife

28  Conservation Commission to post and regulate boat speeds only

29  where the best available scientific information, as well as

30  other available, relevant, and reliable information, which may

31  include but is not limited to, manatee surveys, observations,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  available studies of food sources, and water depth, supports

  2  the conclusion that manatees manatee sightings are frequent

  3  and it can be generally assumed that they inhabit these areas

  4  on a periodic regular or continuous basis. It is not the

  5  intent of the Legislature to permit the commission to post and

  6  regulate boat speeds generally throughout the waters of the

  7  state in the above-described inlets, bays, rivers, creeks,

  8  thereby unduly interfering with the rights of fishers,

  9  boaters, and water skiers using the areas for recreational and

10  commercial purposes. The Legislature further intends that the

11  commission may identify and designate limited lanes or

12  corridors providing for reasonable motorboat speeds within

13  waters of the state whenever such lanes and corridors are

14  consistent with manatee protection may be identified and

15  designated within these areas.

16         (l)(k)  The commission shall adopt rules pursuant to

17  chapter 120 regulating the operation and speed of motorboat

18  traffic all year around within Turkey Creek and its

19  tributaries and within Manatee Cove in Brevard County. The

20  specific areas to be regulated consist of:

21         1.  A body of water which starts at Melbourne-Tillman

22  Drainage District structure MS-1, section 35, township 28

23  south, range 37 east, running east to include all natural

24  waters and tributaries of Turkey Creek, section 26, township

25  28 south, range 37 east, to the confluence of Turkey Creek and

26  the Indian River, section 24, township 28 south, range 37

27  east, including all lagoon waters of the Indian River bordered

28  on the west by Palm Bay Point, the north by Castaway Point,

29  the east by the four immediate spoil islands, and the south by

30  Cape Malabar, thence northward along the shoreline of the

31  Indian River to Palm Bay Point.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1         2.  A triangle-shaped body of water forming a cove

  2  (commonly referred to as Manatee Cove) on the east side of the

  3  Banana River, with northern boundaries beginning and running

  4  parallel to the east-west cement bulkhead located 870 feet

  5  south of SR 520 Relief Bridge in Cocoa Beach and with western

  6  boundaries running in line with the City of Cocoa Beach

  7  channel markers 121 and 127 and all waters east of these

  8  boundaries in section 34, township 24 south, range 37 east;

  9  the center coordinates of this cove are 28°20'14" north,

10  80°35'17" west.

11         (m)(l)  The commission shall promulgate regulations

12  pursuant to chapter 120 relating to the operation and speed of

13  motor boat traffic in port waters with due regard to the

14  safety requirements of such traffic and the navigational

15  hazards related to the movement of commercial vessels.

16         (n)(m)  The commission may designate by rule adopted

17  pursuant to chapter 120 other portions of state waters where

18  manatees are frequently sighted and the best available

19  scientific information, as well as other available, relevant,

20  and reliable information, which may include but is not limited

21  to, manatee surveys, observations, available studies of food

22  sources, and water depths, supports the conclusion that it can

23  be assumed that manatees inhabit such waters periodically or

24  continuously. Upon designation of such waters, the commission

25  shall adopt rules pursuant to chapter 120 to regulate

26  motorboat speed and operation which are necessary to protect

27  manatees from harmful collisions with motorboats and from

28  harassment. The commission may adopt rules pursuant to chapter

29  120 to protect manatee habitat, such as seagrass beds, within

30  such waters from destruction by boats or other human activity.

31  Such rules shall not protect noxious aquatic plants subject to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  control under s. 369.20.

  2         (o)(n)  The commission may designate, by rule adopted

  3  pursuant to chapter 120, limited areas as a safe haven for

  4  manatees to rest, feed, reproduce, give birth, or nurse

  5  undisturbed by human activity. Access by motor boat to private

  6  residences, boat houses, and boat docks through these areas by

  7  residents, and their authorized guests, who must cross one of

  8  these areas to have water access to their property is

  9  permitted when the motorboat is operated at idle speed, no

10  wake.

11         (p)(o)  Except in the marked navigation channel of the

12  Florida Intracoastal Waterway as defined in s. 327.02 and the

13  area within 100 feet of such channel, a local government may

14  regulate, by ordinance, motorboat speed and operation on

15  waters within its jurisdiction where the best available

16  scientific information, as well as other available, relevant,

17  and reliable information, which may include but is not limited

18  to, manatee surveys, observations, available studies of food

19  sources, and water depths, supports the conclusion that

20  manatees inhabit these areas on a regular basis where manatees

21  are frequently sighted and can be generally assumed to inhabit

22  periodically or continuously. However, such an ordinance may

23  not take effect until it has been reviewed and approved by the

24  commission. If the commission and a local government disagree

25  on the provisions of an ordinance, a local manatee protection

26  committee must be formed to review the technical data of the

27  commission and the United States Fish and Wildlife Service,

28  and to resolve conflicts regarding the ordinance. The manatee

29  protection committee must be comprised of:

30         1.  A representative of the commission;

31         2.  A representative of the county;

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1         3.  A representative of the United States Fish and

  2  Wildlife Service;

  3         4.  A representative of a local marine-related

  4  business;

  5         5.  A representative of the Save the Manatee Club;

  6         6.  A local fisher;

  7         7.  An affected property owner; and

  8         8.  A representative of the Florida Marine Patrol.

  9

10  If local and state regulations are established for the same

11  area, the more restrictive regulation shall prevail.

12         (q)(p)  The commission shall evaluate the need for use

13  of fenders to prevent crushing of manatees between vessels

14  (100' or larger) and bulkheads or wharves in counties where

15  manatees have been crushed by such vessels.  For areas in

16  counties where evidence indicates that manatees have been

17  crushed between vessels and bulkheads or wharves, the

18  commission shall:

19         1.  Adopt rules pursuant to chapter 120 requiring use

20  of fenders for construction of future bulkheads or wharves;

21  and

22         2.  Implement a plan and time schedule to require

23  retrofitting of existing bulkheads or wharves consistent with

24  port bulkhead or wharf repair or replacement schedules.

25

26  The fenders shall provide sufficient standoff from the

27  bulkhead or wharf under maximum operational compression to

28  ensure that manatees cannot be crushed between the vessel and

29  the bulkhead or wharf.

30         (r)(q)  Any violation of a restricted area established

31  by this subsection, or established by rule pursuant to chapter

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  120 or ordinance pursuant to this subsection, shall be

  2  considered a violation of the boating laws of this state and

  3  shall be charged on a uniform boating citation as provided in

  4  s. 327.74, except as otherwise provided in paragraph (s). Any

  5  person who refuses to post a bond or accept and sign a uniform

  6  boating citation shall, as provided in s. 327.73(3), be guilty

  7  of a misdemeanor of the second degree, punishable as provided

  8  in s. 775.082 or s. 775.083.

  9         (s)(r)  Except as otherwise provided in this paragraph,

10  any person violating the provisions of this subsection or any

11  rule or ordinance adopted pursuant to this subsection shall be

12  guilty of a misdemeanor, punishable as provided in s.

13  370.021(1)(a) or (b).

14         1.  Any person operating a vessel in excess of a posted

15  speed limit shall be guilty of a civil infraction, punishable

16  as provided in s. 327.73, except as provided in subparagraph

17  2.

18         2.  This paragraph does not apply to persons violating

19  restrictions governing "No Entry" zones or "Motorboat

20  Prohibited" zones, who, if convicted, shall be guilty of a

21  misdemeanor, punishable as provided in s. 370.021(1)(a) or

22  (b), or, if such violation demonstrates blatant or willful

23  action, may be found guilty of harassment as described in

24  paragraph (d).

25         (t)1.  In order to protect manatees and manatee

26  habitat, the counties identified in the Governor and Cabinet's

27  October 1989 Policy Directive shall develop manatee protection

28  plans consistent with commission criteria based upon "Schedule

29  K" of the directive, and shall submit such protection plans

30  for review and approval by the commission.  Any manatee

31  protection plans not submitted by July 1, 2004 and any plans

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  not subsequently approved by the commission shall be addressed

  2  pursuant to subparagraph 2.

  3         2.  No later than January 1, 2005, the Fish and

  4  Wildlife Conservation Commission shall designate any county it

  5  has identified as a substantial risk county for manatee

  6  mortality as a county that must complete a manatee protection

  7  plan by July 1, 2006. The commission is authorized to adopt

  8  rules pursuant to s. 120.54 for identifying substantial risk

  9  counties and establishing criteria for approval of manatee

10  protection plans for counties so identified.  Manatee

11  protection plans shall include the following elements at a

12  minimum:  education about manatees and manatee habitat; boater

13  education; an assessment of the need for new or revised

14  manatee protection speed zones; local law enforcement; and a

15  boat facility siting plan to address expansion of existing and

16  the development of new marinas, boat ramps, and other

17  multislip boating facilities.

18         3.  Counties required to adopt manatee protection plans

19  under this paragraph shall incorporate the boating facility

20  siting element of those protection plans within their

21  respective comprehensive plans. Counties that have already

22  adopted manatee protection plans, or that adopt manatee

23  protection plans by the effective date of this act, are not

24  subject to the provisions of this paragraph.

25         Section 17.  Subsection (6) is added to section

26  372.072, Florida Statutes, to read:

27         372.072  Endangered and Threatened Species Act.--

28         (6)  MEASURABLE BIOLOGICAL GOALS.--No later than

29  February 15, 2003, the commission, working in conjunction with

30  the United States Fish and Wildlife Service, shall develop

31  measurable biological goals that define manatee recovery.

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    Amendment No. ___   Barcode 372148





  1  These measurable biological goals shall be used by the

  2  commission in its development of management plans or work

  3  plans. In addition to other criteria, these measurable

  4  biological goals shall be used by the commission when

  5  evaluating existing and proposed protection rules, and in

  6  determining progress in achieving manatee recovery.

  7         Section 18.  Subsection (2) of section 327.41, Florida

  8  Statutes, is amended to read:

  9         327.41  Uniform waterway regulatory markers.--

10         (2)  Any county or municipality which has been granted

11  a restricted area designation, pursuant to s. 327.46, for a

12  portion of the Florida Intracoastal Waterway within its

13  jurisdiction or which has adopted a restricted area by

14  ordinance pursuant to s. 327.22, s. 327.60, or s. 370.12(2)(p)

15  s. 370.12(2)(o), or any other governmental entity which has

16  legally established a restricted area, may apply to the

17  commission for permission to place regulatory markers within

18  the restricted area.

19         Section 19.  It is the intent of the Legislature that

20  the commission request the necessary funding and staffing

21  through a general revenue budget request to ensure that

22  manatees receive the maximum protection possible. The

23  Legislature recognizes that strong manatee protection depends

24  upon consistently achieving a high degree of compliance with

25  existing and future rules.  The commission shall conduct

26  standardized studies to determine levels of public compliance

27  with manatee protection rules, and shall use the results of

28  the studies, together with other relevant information, to

29  develop and implement strategic law enforcement initiatives

30  and boater education plans.  Drawing upon information obtained

31  from the compliance studies and the implementation of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1  enforcement initiatives together with boater education plans,

  2  the commission shall identify any impediments in consistently

  3  achieving high levels of compliance, and adjust their

  4  enforcement and boater education efforts accordingly.

  5         Section 20.  The Legislature intends that the

  6  provisions of this act may not be retroactively applied to

  7  manatee protection rules existing or in the process of being

  8  adopted on the effective date of this act unless the Fish and

  9  Wildlife Conservation Commission proposes to amend or revise

10  such rules after this act takes effect. Proposed rules that

11  are currently subject to an administrative challenge pending

12  as of February 12, 2002, are not subject to the provisions of

13  this act unless a court or administrative hearing officer

14  finds such proposed rule to be invalid and all appeals have

15  been exhausted. Once such rules become final, any revisions or

16  amendments of such rules shall be conducted pursuant to the

17  provisions of this act.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 3, line 20, after the semicolon

23

24  insert:

25         amending s. 370.12, F.S.; requiring notice to

26         counties where manatee protection zones or

27         manatee speed zones may be imposed by the Fish

28         and Wildlife Conservation Commission; providing

29         for establishment of local rule review

30         committees; providing duties and

31         responsibilities of the counties, committees,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1         and commission; providing for committee reports

  2         and recommendations; providing that written

  3         reports submitted to the commission by the

  4         committees and Fish and Wildlife Conservation

  5         Commission staff responses shall be part of the

  6         rulemaking record; clarifying the Fish and

  7         Wildlife Conservation Commission's authority to

  8         provide comments to permitting agencies

  9         relating to the protection of manatees;

10         revising the circumstances under which the

11         commission may post and regulate motorboat

12         speeds to protect manatees; requiring specified

13         counties to develop manatee protection plans

14         that are consistent with specified policy

15         directive; providing the commission with

16         rulemaking authority; amending s. 372.072,

17         F.S.; requiring that the commission develop a

18         measurable biological goal to define manatee

19         recovery; requiring the commission to use the

20         goal in developing management plans and work

21         plans and for determining the progress of

22         manatee recovery; amending s. 327.41, F.S.;

23         conforming a cross-reference; providing

24         legislative intent regarding manatee

25         protection; providing for compliance studies,

26         enforcement initiatives, and boater education

27         plans; requiring the commission to identify

28         impediments to high rates of compliance;

29         providing legislative intent that the

30         provisions of the act not be retroactively

31         applied except as otherwise provided; providing

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 1243, 1st Eng.

    Amendment No. ___   Barcode 372148





  1         an exemption;

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