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



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Greenstein, Henriquez, Heyman, and Rich

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Subsection (2) of section 370.12, Florida

19  Statutes, is amended to read:

20         370.12  Marine animals; regulation.--

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

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

23  the "Florida Manatee Sanctuary Act."

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

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

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

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

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

29  federal listed species.

30         (c)  Whenever the Fish and Wildlife Conservation

31  Commission is satisfied that the interest of science will be

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

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

  3  propagational purpose and should be granted, and after

  4  concurrence by the United States Department of the Interior,

  5  the commission may grant to any person making such application

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

  7  shall specify the exact number which shall be maintained in

  8  captivity.

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

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

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

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

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

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

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

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

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

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

19  or any part of any manatee.

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

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

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

23  other subaquatic gear, or other instrument, device, or

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

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

26  The foregoing provisions relating to seizure and forfeiture of

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

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

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

30  provisions shall not vitiate any valid lien, retain title

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

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

  3  the seizure.

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

  5  120.54, all proposed rules of the commission for which a

  6  notice of intended agency action is filed proposing to govern

  7  the speed and operation of motorboats for purposes of manatee

  8  protection shall be submitted to the counties in which the

  9  proposed rules will take effect for review by local rule

10  review committees.

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

12  rule development in the Florida Administrative Weekly, as

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

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

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

16  county so notified shall establish a rule review committee or

17  several counties may combine rule review committees.

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

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

20  protection of manatees is proposed shall designate a rule

21  review committee.  The designated voting membership of the

22  rule review committee must be comprised of waterway users,

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

24  as compared to the number of manatee and other environmental

25  advocates. A county commission may designate an existing

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

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

28  manatee advocates and other environmental advocates, and fifty

29  percent of the voting members shall be waterway users.

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

31  county, municipal, or local agency representatives to

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  participate as nonvoting members of the local rule review

  2  committee.

  3         5.  The county shall provide logistical and

  4  administrative staff support to the local rule review

  5  committee and may request technical assistance from commission

  6  staff.

  7         6.  Each local rule review committee shall elect a

  8  chair and recording secretary from among its voting members.

  9         7.  Commission staff shall submit the proposed rule and

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

11  review committees.

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

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

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

15  review committees may use supporting data supplied by the

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

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

18  may contain recommended changes to proposed manatee protection

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

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

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

22  the Florida Administrative Weekly as provided in s.

23  120.54(3)(a), the commission staff shall provide a written

24  response to the local rule review committee reports to the

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

26  public upon request.

27         10.  In conducting a review of the proposed manatee

28  protection rule, the local rule review committees may address

29  such factors as whether the best available scientific

30  information supports the proposed rule, whether seasonal zones

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

  2  waters being regulated under the proposed rule.

  3         11.  The written reports submitted by the local rule

  4  review committees shall contain a majority opinion. If the

  5  majority opinion is not unanimous, a minority opinion shall

  6  also be included.

  7         12.  The members of the commission shall fully consider

  8  any timely submitted written report submitted by a local rule

  9  review committee prior to authorizing commission staff to move

10  forward with proposed rulemaking and shall fully consider any

11  timely submitted subsequent reports of the committee prior to

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

13  rule review committees and the written responses of the

14  commission staff shall be part of the rulemaking record and

15  may be submitted as evidence regarding the committee's

16  recommendations in any proceeding relating to a rule proposed

17  or adopted pursuant to this subsection.

18         13.  The commission is relieved of any obligations

19  regarding the local rule review committee process created in

20  this paragraph if a timely noticed county commission fails to

21  timely designate the required rule review committee.

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

23  harmful collisions with motorboats or from harassment, the

24  Fish and Wildlife Conservation Commission is authorized, in

25  addition to all other authority, to provide a permitting

26  agency with comments shall adopt rules under chapter 120

27  regarding the expansion of existing, or the construction of

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

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

30  commission shall adopt rules under chapter 120, and regulating

31  the operation and speed of motorboat traffic, only where

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  manatee sightings are frequent and the best available

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

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

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

  5  sources, and water depths, supports the conclusions that

  6  manatees it can be generally assumed, based on available

  7  scientific information, that they inhabit these areas on a

  8  regular or continuous basis:

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

10  the Tice Florida Power and Light Corporation discharge canal

11  and adjoining waters of the Caloosahatchee River within 1 mile

12  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

15  Commission Delespine power plant effluent and the Florida

16  Power and Light Frontenac power plant effluents.

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

18  Vero Beach Municipal Power Plant and connecting waters within

19  1 1/4  miles thereof.

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

21  King Municipal Electric Station and connecting waters within 1

22  mile thereof.

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

24  Power and Light Riviera Beach power plant and connecting

25  waters within 1 1/2  miles thereof.

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

27  Florida Power and Light Port Everglades power plant and

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

29  discharge canal of the Florida Power and Light Fort Lauderdale

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

31  purposes of ensuring the physical safety of boaters in a

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  sometimes turbulent area, the area from the easternmost edge

  2  of the authorized navigation project of the intracoastal

  3  waterway east through the Port Everglades Inlet is excluded

  4  from this regulatory zone.

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

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

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

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

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

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

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

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

13  Highway 41.

14         10.  In Sarasota County: the Venice Inlet and

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

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

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

18  bordering the centerline of the intracoastal waterway.

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

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

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

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

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

24  Highway 41.

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

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

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

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

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

  6  dam.

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

  8  shall adopt rules pursuant to chapter 120 regulating the

  9  operation and speed of motorboat traffic only where manatee

10  sightings are frequent and the best available scientific

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

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

13  manatee surveys, observations, available studies of food

14  sources, and water depths, supports the conclusion that

15  manatees it can be generally assumed that they inhabit these

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

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

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

19  the commission shall adopt rules pursuant to chapter 120

20  regulating the operation and speed of motorboat traffic only

21  where manatee sightings are frequent and it can be generally

22  assumed that they inhabit these areas on a regular or

23  continuous basis within the Loxahatchee River in Palm Beach

24  and Martin Counties, including the north and southwest forks

25  thereof. A limited lane or corridor providing for reasonable

26  motorboat speeds may be identified and designated within this

27  area.

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

29  chapter 120 regulating the operation and speed of motorboat

30  traffic only where manatee sightings are frequent and the best

31  available scientific information, as well as other available,

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

  2  not limited to, manatee surveys, observations, available

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

  4  conclusion that manatees it can be generally assumed that they

  5  inhabit these areas on a regular or continuous basis within

  6  the Withlacoochee River and its tributaries in Citrus and Levy

  7  Counties. The specific areas to be regulated include the

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

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

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

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

12  beginning to its confluence with the Withlacoochee River;

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

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

15  north side of the Withlacoochee River southwest of Yankeetown.

16  A limited lane or corridor providing for reasonable motorboat

17  speeds may be identified and designated within this area.

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

19  source of warm water discharge is discovered within the state

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

21  Fish and Wildlife Conservation commission is directed to adopt

22  rules pursuant to chapter 120 regulating the operation and

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

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

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

26  time, to protect the manatees or sea cows.

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

28  adoption of this paragraph to allow the Fish and Wildlife

29  Conservation Commission to post and regulate boat speeds only

30  where the best available scientific information, as well as

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

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

  3  the conclusion that manatees manatee sightings are frequent

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

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

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

  7  regulate boat speeds generally throughout the waters of the

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

  9  thereby unduly interfering with the rights of fishers,

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

11  commercial purposes. The Legislature further intends that the

12  commission may identify and designate limited lanes or

13  corridors providing for reasonable motorboat speeds within

14  waters of the state whenever such lanes and corridors are

15  consistent with manatee protection may be identified and

16  designated within these areas.

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

18  chapter 120 regulating the operation and speed of motorboat

19  traffic all year around within Turkey Creek and its

20  tributaries and within Manatee Cove in Brevard County. The

21  specific areas to be regulated consist of:

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

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

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

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

26  28 south, range 37 east, to the confluence of Turkey Creek and

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

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

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

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

31  Cape Malabar, thence northward along the shoreline of the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  Indian River to Palm Bay Point.

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

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

  4  Banana River, with northern boundaries beginning and running

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

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

  7  boundaries running in line with the City of Cocoa Beach

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

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

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

11  80°35'17" west.

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

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

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

15  safety requirements of such traffic and the navigational

16  hazards related to the movement of commercial vessels.

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

18  pursuant to chapter 120 other portions of state waters where

19  manatees are frequently sighted and the best available

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

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

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

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

24  be assumed that manatees inhabit such waters periodically or

25  continuously. Upon designation of such waters, the commission

26  shall adopt rules pursuant to chapter 120 to regulate

27  motorboat speed and operation which are necessary to protect

28  manatees from harmful collisions with motorboats and from

29  harassment. The commission may adopt rules pursuant to chapter

30  120 to protect manatee habitat, such as seagrass beds, within

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  Such rules shall not protect noxious aquatic plants subject to

  2  control under s. 369.20.

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

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

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

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

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

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

  9  these areas to have water access to their property is

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

11  wake.

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

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

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

15  regulate, by ordinance, motorboat speed and operation on

16  waters within its jurisdiction where the best available

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

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

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

20  sources, and water depths, supports the conclusion that

21  manatees inhabit these areas on a regular basis where manatees

22  are frequently sighted and can be generally assumed to inhabit

23  periodically or continuously. However, such an ordinance may

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

25  commission. If the commission and a local government disagree

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

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

28  commission and the United States Fish and Wildlife Service,

29  and to resolve conflicts regarding the ordinance. The manatee

30  protection committee must be comprised of:

31         1.  A representative of the commission;

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1         2.  A representative of the county;

  2         3.  A representative of the United States Fish and

  3  Wildlife Service;

  4         4.  A representative of a local marine-related

  5  business;

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

  7         6.  A local fisher;

  8         7.  An affected property owner; and

  9         8.  A representative of the Florida Marine Patrol.

10

11  If local and state regulations are established for the same

12  area, the more restrictive regulation shall prevail.

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

14  of fenders to prevent crushing of manatees between vessels

15  (100' or larger) and bulkheads or wharves in counties where

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

17  counties where evidence indicates that manatees have been

18  crushed between vessels and bulkheads or wharves, the

19  commission shall:

20         1.  Adopt rules pursuant to chapter 120 requiring use

21  of fenders for construction of future bulkheads or wharves;

22  and

23         2.  Implement a plan and time schedule to require

24  retrofitting of existing bulkheads or wharves consistent with

25  port bulkhead or wharf repair or replacement schedules.

26

27  The fenders shall provide sufficient standoff from the

28  bulkhead or wharf under maximum operational compression to

29  ensure that manatees cannot be crushed between the vessel and

30  the bulkhead or wharf.

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

  2  120 or ordinance pursuant to this subsection, shall be

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

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

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

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

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

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

  9  in s. 775.082 or s. 775.083.

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

11  any person violating the provisions of this subsection or any

12  rule or ordinance adopted pursuant to this subsection shall be

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

14  370.021(1)(a) or (b).

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

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

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

18  2.

19         2.  This paragraph does not apply to persons violating

20  restrictions governing "No Entry" zones or "Motorboat

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

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

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

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

25  paragraph (d).

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

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

28  October 1989 Policy Directive shall develop manatee protection

29  plans consistent with commission criteria based upon "Schedule

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

31  for review and approval by the commission.  Any manatee

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





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

  2  not subsequently approved by the commission shall be addressed

  3  pursuant to subparagraph 2.

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

  5  Wildlife Conservation Commission shall designate any county it

  6  has identified as a substantial risk county for manatee

  7  mortality as a county that must complete a manatee protection

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

  9  rules pursuant to s. 120.54 for identifying substantial risk

10  counties and establishing criteria for approval of manatee

11  protection plans for counties so identified.  Manatee

12  protection plans shall include the following elements at a

13  minimum:  education about manatees and manatee habitat; boater

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

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

16  boat facility siting plan to address expansion of existing and

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

18  multislip boating facilities.

19         3.  Counties required to adopt manatee protection plans

20  under this paragraph shall incorporate the boating facility

21  siting element of those protection plans within their

22  respective comprehensive plans. Counties that have already

23  adopted manatee protection plans, or that adopt manatee

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

25  subject to the provisions of this paragraph.

26         Section 2.  Subsection (6) is added to section 372.072,

27  Florida Statutes, to read:

28         372.072  Endangered and Threatened Species Act.--

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

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

31  the United States Fish and Wildlife Service, shall develop

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  measurable biological goals that define manatee recovery.

  2  These measurable biological goals shall be used by the

  3  commission in its development of management plans or work

  4  plans. In addition to other criteria, these measurable

  5  biological goals shall be used by the commission when

  6  evaluating existing and proposed protection rules, and in

  7  determining progress in achieving manatee recovery.

  8         Section 3.  Subsection (2) of section 327.41, Florida

  9  Statutes, is amended to read:

10         327.41  Uniform waterway regulatory markers.--

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

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

13  portion of the Florida Intracoastal Waterway within its

14  jurisdiction or which has adopted a restricted area by

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

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

17  legally established a restricted area, may apply to the

18  commission for permission to place regulatory markers within

19  the restricted area.

20         Section 4.  It is the intent of the Legislature that

21  the commission request the necessary funding and staffing

22  through a general revenue budget request to ensure that

23  manatees receive the maximum protection possible. The

24  Legislature recognizes that strong manatee protection depends

25  upon consistently achieving a high degree of compliance with

26  existing and future rules.  The commission shall conduct

27  standardized studies to determine levels of public compliance

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

29  the studies, together with other relevant information, to

30  develop and implement strategic law enforcement initiatives

31  and boater education plans.  Drawing upon information obtained

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1  from the compliance studies and the implementation of

  2  enforcement initiatives together with boater education plans,

  3  the commission shall identify any impediments in consistently

  4  achieving high levels of compliance, and adjust their

  5  enforcement and boater education efforts accordingly.

  6         Section 5.  The Legislature intends that the provisions

  7  of this act may not be retroactively applied to manatee

  8  protection rules existing or in the process of being adopted

  9  on the effective date of this act unless the Fish and Wildlife

10  Conservation Commission proposes to amend or revise such rules

11  after this act takes effect. Proposed rules that are currently

12  subject to an administrative challenge pending as of February

13  12, 2002, are not subject to the provisions of this act unless

14  a court or administrative hearing officer finds such proposed

15  rule to be invalid and all appeals have been exhausted. Once

16  such rules become final, any revisions or amendments of such

17  rules shall be conducted pursuant to the provisions of this

18  act.

19         Section 6.  This act shall take effect July 1, 2002.

20

21

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

23  And the title is amended as follows:

24         On page 17, line 16 through page 18, line 21,

25  remove:  all of said lines

26

27  and insert:

28         An act relating to the protection of manatees;

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

30         counties where manatee protection zones or

31         manatee speed zones may be imposed by the Fish

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1         and Wildlife Conservation Commission; providing

  2         for establishment of local rule review

  3         committees; providing duties and

  4         responsibilities of the counties, committees,

  5         and commission; providing for committee reports

  6         and recommendations; providing that written

  7         reports submitted to the commission by the

  8         committees and Fish and Wildlife Conservation

  9         Commission staff responses shall be part of the

10         rulemaking record; clarifying the Fish and

11         Wildlife Conservation Commission's authority to

12         provide comments to permitting agencies

13         relating to the protection of manatees;

14         revising the circumstances under which the

15         commission may post and regulate motorboat

16         speeds to protect manatees; requiring specified

17         counties to develop manatee protection plans

18         that are consistent with specified policy

19         directive; providing the commission with

20         rulemaking authority; amending s. 372.072,

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

22         measurable biological goal to define manatee

23         recovery; requiring the commission to use the

24         goal in developing management plans and work

25         plans and for determining the progress of

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

27         conforming a cross-reference; providing

28         legislative intent regarding manatee

29         protection; providing for compliance studies,

30         enforcement initiatives, and boater education

31         plans; requiring the commission to identify

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

    Amendment No. ___ (for drafter's use only)





  1         impediments to high rates of compliance;

  2         providing legislative intent that the

  3         provisions of the act not be retroactively

  4         applied except as otherwise provided; providing

  5         an exemption; providing an effective date.

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