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

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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:  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 to and authorized on behalf of

26  the manatee by this act are independent of, and there are not

27  contingent upon, its status as a state or federal listed

28  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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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  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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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  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 Fish and Wildlife

  5  Conservation Commission for which a notice of intended agency

  6  action is filed after the date this paragraph takes effect

  7  proposing to govern the speed and operation of motor boats for

  8  purposes of manatee protection must be submitted to the

  9  counties where the proposed rules will take effect for review

10  by local rule-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 Fish and Wildlife

14  Conservation Commission shall notify the counties for which a

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

16  protection of manatees is proposed. A county so notified

17  shall, at its option, establish a local rule-review committee

18  or several counties may combine local rule-review committees.

19         3.  The board of county commissioners of each county in

20  which a rule to regulate the speed and operation of motorboats

21  for the protection of manatees is proposed shall, at its

22  option, designate a local rule-review committee. If so

23  designated, the rule-review committee must represent an equal

24  balance of local waterway users, such as fishers, boaters,

25  water skiers, other waterway users, as compared to the number

26  of manatee and other environmental advocates. A board of

27  county commissioners may designate an existing advisory group

28  as the rule-review committee so long as the membership of the

29  advisory group maintains an equal balance of waterway users as

30  compared with the number of manatee and environmental

31  advocates. With regard to each committee, fifty percent of the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  voting members shall be manatee advocates ands other

  2  environmental advocates, and fifty percent of the voting

  3  members shall be waterway users.

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

  5  county, municipal, or local agency representatives to

  6  participate as nonvoting members of the local rule-review

  7  committee.

  8         5.  The county shall provide logistical and

  9  administrative staff support to the local rule-review

10  committee and may request technical assistance from the Fish

11  and Wildlife Conservation Commission staff.

12         6.  Each local rule-review committee shall elect a

13  chair and recording secretary from among its voting members.

14         7.  Fish and Wildlife Conservation Commission staff

15  shall submit the proposed rule and supporting data used to

16  develop the rule to the local rule-review committees and shall

17  concurrently make copies available to other parties upon

18  request.

19         8.  The local rule-review committees shall have 60 days

20  from receipt of the proposed rule to submit a written report

21  to commission members and staff. The rule-review committees

22  may use supporting data supplied by the Fish and Wildlife

23  Conservation Commission, as well as public testimony that may

24  be collected by the committee, to develop the written report.

25  The report may contain recommended changes to proposed manatee

26  protection zones or speed zones, including a recommendation

27  that no rule be adopted, if that is the decision of the

28  committee.

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

30  the Florida Administrative Weekly as provided in s.

31  120.54(3)(a), the Fish and Wildlife Conservation Commission

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  staff shall provide a written response to the

  2  local-rule-review-committee reports to the appropriate

  3  counties, the commission members, and the public upon request.

  4         10.  In conducting a review of the proposed manatee

  5  protection rule, the local rule-review committees may address

  6  such factors as whether the best available scientific

  7  information supports the proposed rule, whether seasonal zones

  8  are warranted, and such other factors as are reasonable to

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

10  waters being regulated under the proposed rule.

11         11.  The written reports submitted by the local

12  rule-review committees shall contain a majority opinion. If

13  the majority opinion is not unanimous, a minority opinion

14  shall also be included.

15         12.  The members of the commission shall fully consider

16  any timely submitted written report submitted by a local

17  rule-review committee prior to authorizing commission staff to

18  move forward with proposed rulemaking and shall fully consider

19  any timely submitted subsequent written reports of the

20  committee prior to adoption of a final rule. The written

21  reports of the local rule-review committee and the written

22  responses of the commission staff shall be part of the

23  rulemaking record and may be submitted as evidence in any

24  proceeding relating to a rule proposed or adopted pursuant to

25  this subsection.

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

27  harmful collisions with motorboats or from harassment, the

28  Fish and Wildlife Conservation Commission is authorized, in

29  addition to all other authority, to provide a permitting

30  agency with comments shall adopt rules under chapter 120

31  regarding the expansion of existing, or the construction of

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





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

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

  3  Fish and Wildlife Conservation Commission shall adopt rules

  4  under chapter 120, and regulating the operation and speed of

  5  motorboat traffic, only where manatee sightings are frequent

  6  and the best available scientific information, as well as

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

  8  include, but need not be limited to, manatee surveys,

  9  observations, and available studies of food sources and water

10  depths, supports the conclusions that manatees it can be

11  generally assumed, based on available scientific information,

12  that they inhabit these areas on a regular or continuous

13  basis:

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

15  the Tice Florida Power and Light Corporation discharge canal

16  and adjoining waters of the Caloosahatchee River within 1 mile

17  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

20  Commission Delespine power plant effluent and the Florida

21  Power and Light Frontenac power plant effluents.

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

23  Vero Beach Municipal Power Plant and connecting waters within

24  1 1/4  miles thereof.

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

26  King Municipal Electric Station and connecting waters within 1

27  mile thereof.

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

29  Power and Light Riviera Beach power plant and connecting

30  waters within 1 1/2  miles thereof.

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  Florida Power and Light Port Everglades power plant and

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

  3  discharge canal of the Florida Power and Light Fort Lauderdale

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

  5  purposes of ensuring the physical safety of boaters in a

  6  sometimes turbulent area, the area from the easternmost edge

  7  of the authorized navigation project of the intracoastal

  8  waterway east through the Port Everglades Inlet is excluded

  9  from this regulatory zone.

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

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

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

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

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

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

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

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

18  Highway 41.

19         10.  In Sarasota County: the Venice Inlet and

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

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

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

23  bordering the centerline of the intracoastal waterway.

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

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

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

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

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

29  Highway 41.

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

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

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





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

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

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

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

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

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

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

  8         13.  In Dade County: those portions of Black Creek

  9  lying south and east of the water control dam, including all

10  boat basins and connecting canals within 1 mile of the dam.

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

12  shall adopt rules pursuant to chapter 120 regulating the

13  operation and speed of motorboat traffic only where manatee

14  sightings are frequent and the best available scientific

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

16  reliable information, which may include, but need not be

17  limited to, manatee surveys, observations, and available

18  studies of food sources and water depths, supports the

19  conclusion that manatees it can be generally assumed that they

20  inhabit these areas on a regular or continuous basis within

21  that portion of the Indian River between the St. Lucie Inlet

22  in Martin County and the Jupiter Inlet in Palm Beach County

23  and. In addition, the commission shall adopt rules pursuant to

24  chapter 120 regulating the operation and speed of motorboat

25  traffic only where manatee sightings are frequent and it can

26  be generally assumed that they inhabit these areas on a

27  regular or continuous basis within the Loxahatchee River in

28  Palm Beach and Martin Counties, including the north and

29  southwest forks thereof. A limited lane or corridor providing

30  for reasonable motorboat speeds may be identified and

31  designated within this area.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





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

  2  chapter 120 regulating the operation and speed of motorboat

  3  traffic only where manatee sightings are frequent and the best

  4  available scientific information, together with other

  5  available, relevant, and reliable information, which may

  6  include, but need not be limited to, manatee surveys,

  7  observations, and available studies of food sources and water

  8  depths, supports the conclusion that manatees it can be

  9  generally assumed that they inhabit these areas on a regular

10  or continuous basis within the Withlacoochee River and its

11  tributaries in Citrus and Levy Counties. The specific areas to

12  be regulated include the Withlacoochee River and the U.S. 19

13  bridge westward to a line between U.S. Coast Guard markers

14  number 33 and number 34 at the mouth of the river, including

15  all side channels and coves along that portion of the river;

16  Bennets' Creek from its beginning to its confluence with the

17  Withlacoochee River; Bird's Creek from its beginning to its

18  confluence with the Withlacoochee River; and the two dredged

19  canal systems on the north side of the Withlacoochee River

20  southwest of Yankeetown. A limited lane or corridor providing

21  for reasonable motorboat speeds may be identified and

22  designated within this area.

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

24  source of warm water discharge is discovered within the state

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

26  Fish and Wildlife Conservation commission is directed to adopt

27  rules pursuant to chapter 120 regulating the operation and

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

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

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

31  time, to protect the manatees or sea cows.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





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

  2  adoption of this paragraph to allow the Fish and Wildlife

  3  Conservation Commission to post and regulate boat speeds only

  4  where the best available scientific information, as well as

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

  6  include, but need not be limited to, manatee surveys,

  7  observations, and available studies of food sources and water

  8  depth, supports the conclusion that manatees manatee sightings

  9  are frequent and it can be generally assumed that they inhabit

10  these areas on a periodic regular or continuous basis. It is

11  not the intent of the Legislature to permit the commission to

12  post and regulate boat speeds generally throughout the waters

13  of the state in the above-described inlets, bays, rivers,

14  creeks, thereby unduly interfering with the rights of fishers,

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

16  commercial purposes. The Legislature further intends that the

17  commission may identify and designate limited lanes or

18  corridors providing for reasonable motorboat speeds within

19  waters of the state whenever such lanes and corridors are

20  consistent with manatee protection and recovery goals may be

21  identified and designated within these areas.

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

23  chapter 120 regulating the operation and speed of motorboat

24  traffic all year around within Turkey Creek and its

25  tributaries and within Manatee Cove in Brevard County. The

26  specific areas to be regulated consist of:

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

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

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

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

31  28 south, range 37 east, to the confluence of Turkey Creek and

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





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

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

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

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

  5  Cape Malabar, thence northward along the shoreline of the

  6  Indian River to Palm Bay Point.

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

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

  9  Banana River, with northern boundaries beginning and running

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

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

12  boundaries running in line with the City of Cocoa Beach

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

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

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

16  80°35'17" west.

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

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

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

20  safety requirements of such traffic and the navigational

21  hazards related to the movement of commercial vessels.

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

23  pursuant to chapter 120 other portions of state waters where

24  manatees are frequently sighted and the best available

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

26  and reliable information, which may include, but need not be

27  limited to, manatee surveys, observations, and available

28  studies of food sources and water depths, supports the

29  conclusion that it can be assumed that manatees inhabit such

30  waters periodically or continuously. Upon designation of such

31  waters, the commission shall adopt rules pursuant to chapter

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  120 to regulate motorboat speed and operation which are

  2  necessary to protect manatees from harmful collisions with

  3  motorboats and from harassment. The commission may adopt rules

  4  pursuant to chapter 120 to protect manatee habitat, such as

  5  seagrass beds, within such waters from destruction by boats or

  6  other human activity.  Such rules shall not protect noxious

  7  aquatic plants subject to control under s. 369.20.

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

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

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

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

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

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

14  these areas to have water access to their property is

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

16  wake.

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

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

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

20  regulate, by ordinance, motorboat speed and operation on

21  waters within its jurisdiction where the best available

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

23  and reliable information, which may include, but need not be

24  limited to, manatee surveys, observations, and available

25  studies of food sources and water depths, supports the

26  conclusion that manatees inhabit these areas on a regular or

27  continuous basis where manatees are frequently sighted and can

28  be generally assumed to inhabit periodically or continuously.

29  However, such an ordinance may not take effect until it has

30  been reviewed and approved by the commission. If the

31  commission and a local government disagree on the provisions

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  of an ordinance, a local manatee protection committee must be

  2  formed to review the technical data of the commission and the

  3  United States Fish and Wildlife Service, and to resolve

  4  conflicts regarding the ordinance. The manatee protection

  5  committee must be comprised of:

  6         1.  A representative of the commission;

  7         2.  A representative of the county;

  8         3.  A representative of the United States Fish and

  9  Wildlife Service;

10         4.  A representative of a local marine-related

11  business;

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

13         6.  A local fisher;

14         7.  An affected property owner; and

15         8.  A representative of the Florida Marine Patrol.

16

17  If local and state regulations are established for the same

18  area, the more restrictive regulation shall prevail.

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

20  of fenders to prevent crushing of manatees between vessels

21  (100' or larger) and bulkheads or wharves in counties where

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

23  counties where evidence indicates that manatees have been

24  crushed between vessels and bulkheads or wharves, the

25  commission shall:

26         1.  Adopt rules pursuant to chapter 120 requiring use

27  of fenders for construction of future bulkheads or wharves;

28  and

29         2.  Implement a plan and time schedule to require

30  retrofitting of existing bulkheads or wharves consistent with

31  port bulkhead or wharf repair or replacement schedules.

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1

  2  The fenders shall provide sufficient standoff from the

  3  bulkhead or wharf under maximum operational compression to

  4  ensure that manatees cannot be crushed between the vessel and

  5  the bulkhead or wharf.

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

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

  8  120 or ordinance pursuant to this subsection, shall be

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

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

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

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

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

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

15  in s. 775.082 or s. 775.083. Whereas the effectiveness of

16  rules to protect manatees are dependent upon the rate of

17  compliance among boaters, the Fish and Wildlife Conservation

18  Commission shall ensure that boaters comply with rules adopted

19  under chapter 120 for the protection of manatees. Using

20  standardized and repeatable methodology, the commission shall

21  regularly assess, at least once every 3 years, the rate of

22  compliance among boaters using the waters regulated for

23  manatee protection. Data collection for compliance studies

24  should not be collected while an uniformed officer is present

25  in the area in which data are being collected. If compliance

26  rates fall below 85 percent, the commission must develop and

27  implement a strategic plan for law enforcement agencies and

28  for boater education which ensure at least 85-percent rate of

29  compliance. The plan should address, but need not be limited

30  to, a description of the methodology to be used, levels of

31  staffing and equipment required, as well as a list of those

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  areas in which and the seasons during which such increased

  2  enforcement and educational activities will be focused. If

  3  available staffing and resources prevent effective

  4  implementation of the plan, the commission shall at its

  5  earliest opportunity prepare and submit an appropriations

  6  request that is sufficient in scope to attain and maintain the

  7  minimum 85-percent compliance rate.

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

  9  any person violating the provisions of this subsection or any

10  rule or ordinance adopted pursuant to this subsection shall be

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

12  370.021(1)(a) or (b).

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

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

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

16  2.

17         2.  This paragraph does not apply to persons violating

18  restrictions governing "No Entry" zones or "Motorboat

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

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

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

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

23  paragraph (d).

24         (t)  In order to protect manatees and manatee habitat,

25  the following counties shall each develop a manatee protection

26  plan that is consistent with the Governor and Cabinet's policy

27  directive of October, 1989: Collier, Lee, Charlotte, Sarasota,

28  Manatee, Hillsborough, Citrus, Monroe, Dade, Brevard, Palm

29  Beach, Broward, Martin, Indian River, Volusia, Duval, Clay,

30  St. Johns, St. Lucie, Glades, and Pinellas. The commission

31  shall assist these counties in order to facilitate the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1  expeditious completion and implementation of the manatee

  2  protection plans. Each county listed in this paragraph is

  3  encouraged to the extent practicable to incorporate its

  4  manatee protection plan within the county's comprehensive

  5  plan.

  6         Section 1.  Subsection (2) of section 327.41, Florida

  7  Statutes, is amended to read:

  8         327.41  Uniform waterway regulatory markers.--

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

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

11  portion of the Florida Intracoastal Waterway within its

12  jurisdiction or which has adopted a restricted area by

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

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

15  legally established a restricted area, may apply to the

16  commission for permission to place regulatory markers within

17  the restricted area.

18         Section 2.  The Legislature intends that the provisions

19  of this act may not be retroactively applied to manatee

20  protection rules existing on the effective date of this act

21  unless the Fish and Wildlife Conservation Commission proposes

22  to amend or revise such rules after this act takes effect.

23  Proposed rules that are currently subject to an administrative

24  challenge pending as of February 12, 2002, are not subject to

25  the provisions of this act unless a court or administrative

26  hearing officer finds such proposed rule to be invalid and all

27  appeals have been exhausted. Once such rules become final, any

28  revisions or amendments of such rules shall be conducted

29  pursuant to the provisions of this act.

30         Section 3.  Subsection (6) is added to section 372.072,

31  Florida Statutes, to read:

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1         (6) Measurable Biological Goals--No later that February

  2  15, 2003, the Commission in conjunction with the U.S. Fish and

  3  Wildlife Service, shall develop measurable biological goals

  4  that define manatee recovery. These measurable biological

  5  goals shall be used by the Commission in its development of

  6  management plans or work plans.

  7         This act shall take effect July 1, 2002.

  8

  9

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

11  And the title is amended as follows:

12         On page 1, line 2 through page 2, line 7,

13  remove:  all of said lines

14

15  and insert:

16         An act relating to the protection of manatees;

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

18         counties where manatee protection zones or

19         manatee speed zones may be imposed by the Fish

20         and Wildlife Conservation Commission; providing

21         for establishment of local rule-review

22         committees; providing duties and

23         responsibilities of the counties, committees,

24         and commission; providing for committee reports

25         and recommendations; providing that written

26         reports submitted to the commission by the

27         committees and Fish and Wildlife Conservation

28         Commission staff responses shall be part of the

29         rulemaking record; authorizing the Fish and

30         Wildlife Conservation Commission to provide

31         comments to permitting agencies relating to

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1473

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





  1         marine facilities to protect manatees; revising

  2         the circumstances under which the commission

  3         may post and regulate motorboat speeds to

  4         protect manatees; requiring that the commission

  5         periodically assess the rate of compliance with

  6         rules to protect manatees; requiring the

  7         commission to develop and implement a strategic

  8         plan if compliance rates fall below a specified

  9         percent; requiring specified counties to

10         develop manatee protection plans that are

11         consistent with a specified policy directive;

12         requiring the commission provide assistance to

13         such counties; amending s. 327.41, F.S.;

14         conforming a cross-reference; providing

15         legislative intent that the provisions of the

16         act not be retroactively applied except as

17         otherwise provided; providing an exemption;

18         amending s.372.072 F.S., requiring the Fish and

19         Wildlife Conservation Commission to develop

20         measurable biological goals for manatee

21         recovery; providing an effective date.

22

23

24

25

26

27

28

29

30

31

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