House Bill hb1473c1

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    Florida House of Representatives - 2002             CS/HB 1473

        By the Council for Ready Infrastructure and
    Representatives Harrington, Allen, Mayfield, Green, Needelman,
    Machek, Kottkamp, Clarke, Haridopolos, Harrell, Maygarden,
    Brummer, Baxley, Arza, Trovillion, Kallinger, Kendrick,
    Dockery, Littlefield, Kilmer and Paul


  1                      A bill to be entitled

  2         An act relating to the protection of manatees;

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

  4         counties where manatee protection zones or

  5         manatee speed zones may be imposed by the Fish

  6         and Wildlife Conservation Commission; providing

  7         for establishment of local rule review

  8         committees; providing duties and

  9         responsibilities of the counties, committees,

10         and commission; providing for committee reports

11         and recommendations; providing that written

12         reports submitted to the commission by the

13         committees, and commission staff responses,

14         shall be part of the rulemaking record;

15         clarifying the commission's authority to

16         provide permitting agencies with comments

17         relating to the protection of manatees;

18         requiring commission staff to begin reviewing

19         all existing manatee protection rules at a

20         future specified date; providing for review by

21         local rule review committees; providing a rule

22         review schedule; revising the circumstances

23         under which the commission may post and

24         regulate motorboat speeds to protect manatees;

25         revising the circumstances under which a local

26         government may regulate motorboat speed and

27         operation on waters within its jurisdiction by

28         ordinance; eliminating provisions requiring

29         creation of local manatee protection committees

30         for resolving certain disputes involving such

31         ordinances; requiring the commission to develop

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  1         a measurable biological goal that defines

  2         manatee recovery, by a specified date; amending

  3         s. 327.41, F.S.; correcting a cross reference;

  4         providing legislative intent that the

  5         provisions of the act not be retroactively

  6         applied except as otherwise provided; providing

  7         an exemption; providing effective dates.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

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

12  Statutes, is amended to read:

13         370.12  Marine animals; regulation.--

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

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

16  the "Florida Manatee Sanctuary Act."

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

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

19  marine mammal."

20         (c)  Whenever the Fish and Wildlife Conservation

21  commission is satisfied that the interest of science will be

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

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

24  propagational purpose and should be granted, and after

25  concurrence by the United States Department of the Interior,

26  the commission may grant to any person making such application

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

28  shall specify the exact number which shall be maintained in

29  captivity.

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

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

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

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

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

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

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

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

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

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

  9  or any part of any manatee.

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

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

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

13  other subaquatic gear, or other instrument, device, or

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

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

16  The foregoing provisions relating to seizure and forfeiture of

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

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

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

20  provisions shall not vitiate any valid lien, retain title

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

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

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

24  the seizure.

25         (f)  Effective June 15, 2002:

26         1.  Except for emergency rules adopted under s. 120.54,

27  all proposed rules of the commission for which a notice of

28  intended agency action is filed proposing to govern the speed

29  and operation of motorboats for purposes of manatee protection

30  shall be submitted to the counties in which the proposed rules

31  will take effect for review by local rule review committees.

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

  2  rule development in the Florida Administrative Weekly as

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

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

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

  6  county so notified shall establish a local rule review

  7  committee, or several counties may combine local rule review

  8  committees.

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

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

11  protection of manatees is proposed shall designate a local

12  rule review committee that represents a balance of fishers,

13  boaters, water skiers, other traditional waterway users, and

14  environmental interests. A county commission may designate an

15  existing advisory group as the local rule review committee so

16  long as the membership of the advisory group maintains a

17  balance of fishers, boaters, water skiers, other traditional

18  waterway users, and environmental interests.

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

20  county, municipal, or local agency representatives to

21  participate as nonvoting members of the local rule review

22  committee.

23         5.  The county shall provide logistical and

24  administrative staff support to the local rule review

25  committee and may request technical assistance from the

26  commission staff.

27         6.  Each local rule review committee shall elect a

28  chair and recording secretary from among its voting members.

29         7.  Commission staff shall submit the draft rule and

30  supporting data used to develop the draft rule to the local

31  rule review committees.

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

  2  from the date of receipt of the draft rule to submit a written

  3  report to commission members and staff.  The local rule review

  4  committees may use supporting data supplied by the commission,

  5  as well as public testimony which may be collected by the

  6  committee, to develop the written report.  The report may

  7  contain recommended changes to proposed manatee protection

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

  9  be adopted, if that is the finding of the committee.

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

11  the Florida Administrative Weekly as provided in s.

12  120.54(3)(a), the commission staff shall provide a written

13  response to the local rule review committee reports to the

14  appropriate counties and to the commission members.

15         10.  In conducting a review of the proposed manatee

16  protection rule, the local rule review committees may address

17  such factors as whether the best available science justifies

18  the proposed rule, whether seasonal zones are warranted, and

19  such other factors as may be necessary to balance manatee

20  protection and public access to and use of the waters being

21  regulated under the proposed rule.

22         11.  The written reports submitted by the local rule

23  review committees shall contain a majority opinion. If the

24  majority opinion is not unanimous, a minority opinion shall

25  also be included.

26         12.  The members of the commission shall fully consider

27  any timely submitted written report submitted by a local rule

28  review committee prior to authorizing commission staff to move

29  forward with proposed rulemaking and shall fully consider any

30  subsequent reports of the committee prior to adoption of a

31  final rule. The written reports of the local rule review

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  1  committee and the written responses of the commission staff

  2  shall be part of the rulemaking record and may be submitted as

  3  evidence in any proceeding relating to a rule proposed or

  4  adopted pursuant to this subsection.

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

  6  harmful collisions with motorboats or from harassment, the

  7  Fish and Wildlife Conservation commission is authorized to

  8  provide a permitting agency with comments shall adopt rules

  9  under chapter 120 regarding the expansion of existing, or

10  construction of new, marine facilities and mooring or docking

11  slips, by the addition or construction of five or more

12  powerboat slips. The commission shall adopt rules under

13  chapter 120 to regulate, and regulating the operation and

14  speed of motorboat traffic, only where manatee sightings are

15  frequent and the best available science, which may include,

16  but is not limited to, manatee surveys and available studies

17  of food sources and water depths, justifies the conclusion

18  that manatees it can be generally assumed, based on available

19  scientific information, that they inhabit these areas on a

20  regular or continuous basis:

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

22  the Tice Florida Power and Light Corporation discharge canal

23  and adjoining waters of the Caloosahatchee River within 1 mile

24  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

27  Commission Delespine power plant effluent and the Florida

28  Power and Light Frontenac power plant effluents.

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

30  Vero Beach Municipal Power Plant and connecting waters within

31  1 1/4  miles thereof.

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

  2  King Municipal Electric Station and connecting waters within 1

  3  mile thereof.

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

  5  Power and Light Riviera Beach power plant and connecting

  6  waters within 1 1/2  miles thereof.

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

  8  Florida Power and Light Port Everglades power plant and

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

10  discharge canal of the Florida Power and Light Fort Lauderdale

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

12  purposes of ensuring the physical safety of boaters in a

13  sometimes turbulent area, the area from the easternmost edge

14  of the authorized navigation project of the intracoastal

15  waterway east through the Port Everglades Inlet is excluded

16  from this regulatory zone.

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

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

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

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

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

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

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

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

25  Highway 41.

26         10.  In Sarasota County: the Venice Inlet and

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

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

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

30  bordering the centerline of the intracoastal waterway.

31

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

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

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

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

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

  6  Highway 41.

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

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

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

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

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

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

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

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

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

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

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

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

19  dam.

20         (h)(g)  The Fish and Wildlife Conservation commission

21  shall adopt rules pursuant to chapter 120 regulating the

22  operation and speed of motorboat traffic only where manatee

23  sightings are frequent and the best available science, which

24  may include, but is not limited to, manatee surveys and

25  available studies of food sources and water depths, justifies

26  the conclusion that manatees it can be generally assumed that

27  they inhabit these areas on a regular or continuous basis

28  within that portion of the Indian River between the St. Lucie

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

30  County and. In addition, the commission shall adopt rules

31  pursuant to chapter 120 regulating the operation and speed of

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  1  motorboat traffic only where manatee sightings are frequent

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

  3  on a regular or continuous basis within the Loxahatchee River

  4  in Palm Beach and Martin Counties, including the north and

  5  southwest forks thereof. A limited lane or corridor providing

  6  for reasonable motorboat speeds may be identified and

  7  designated within this area.

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

  9  chapter 120 regulating the operation and speed of motorboat

10  traffic only where manatee sightings are frequent and the best

11  available science, which may include, but is not limited to,

12  manatee surveys and available studies of food sources and

13  water depths, justifies the conclusion that manatees it can be

14  generally assumed that they inhabit these areas on a regular

15  or continuous basis within the Withlacoochee River and its

16  tributaries in Citrus and Levy Counties.  The specific areas

17  to be regulated include the Withlacoochee River and the U.S.

18  19 bridge westward to a line between U.S. Coast Guard markers

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

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

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

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

23  confluence with the Withlacoochee River; and the two dredged

24  canal systems on the north side of the Withlacoochee River

25  southwest of Yankeetown.  A limited lane or corridor providing

26  for reasonable motorboat speeds may be identified and

27  designated within this area.

28         (j)1.  Beginning February 1, 2004, commission staff

29  shall initiate a review of all currently existing rules that

30  establish manatee protection zones, manatee speed zones, or

31  "no access" or "limited entry" zones to determine their

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  1  continued effectiveness.  All rules eligible for review under

  2  this paragraph shall also be reviewed by the local rule review

  3  committees established in paragraph (f). Local rule review

  4  committee written reports on the rules under review shall be

  5  reviewed by commission staff and commission members and shall

  6  be considered part of the rulemaking record.

  7         2.  To accommodate commission staff workload

  8  limitations, the rule review schedule shall be as follows:

  9         a.  Brevard County and one other county in year one.

10         b.  At least two counties in each succeeding year until

11  manatee protection rules for all remaining counties, including

12  Palm Beach, Broward, Miami-Dade, Citrus, Hillsborough,

13  Pinellas, Manatee, Sarasota, Charlotte, Lee, Collier, Duval,

14  St. Johns, Flagler, Volusia, Martin, Indian River, and St.

15  Lucie Counties, have been reviewed.

16

17  The rule review schedule may be accelerated at the discretion

18  of commission staff. If a county rule review results in a rule

19  challenge, the initiation of subsequent county rule reviews

20  may be delayed for no more than 18 months or until resolution

21  of the rule challenge, whichever occurs first.

22         (k)(i)  If any new power plant is constructed or other

23  source of warm water discharge is discovered within the state

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

25  Fish and Wildlife Conservation commission is directed to adopt

26  rules pursuant to chapter 120 regulating the operation and

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

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

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

30  time, to protect the manatees or sea cows.

31

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  1         (l)(j)  For any manatee protection or speed zone rule

  2  adopted pursuant to this subsection, it is the intent of the

  3  Legislature through adoption of this paragraph to allow the

  4  Fish and Wildlife Conservation commission to post and regulate

  5  boat speeds only where the best available science, which may

  6  include, but is not limited to, manatee surveys and available

  7  studies of food sources and water depths, justifies the

  8  conclusion that manatees manatee sightings are frequent and it

  9  can be generally assumed that they inhabit waters of the state

10  these areas on a regular or continuous basis. The commission

11  may post and regulate boat speeds on a seasonal basis in areas

12  where the best available science, which may include, but is

13  not limited to, manatee surveys and available studies of food

14  sources and water depths, justifies the conclusion that

15  manatees inhabit such areas on a seasonal basis. It is not the

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

17  regulate boat speeds generally in the waters of the state

18  above-described inlets, bays, rivers, creeks, thereby unduly

19  interfering with the rights of fishers, boaters, and water

20  skiers, and other traditional waterway users who are using the

21  areas for recreational and commercial purposes. The

22  Legislature further intends that the commission may identify

23  and designate limited lanes or corridors providing for

24  reasonable motorboat speeds within waters of the state

25  whenever such lanes and corridors are consistent with manatee

26  protection and recovery goals may be identified and designated

27  within these areas.

28         (m)(k)  The commission shall adopt rules pursuant to

29  chapter 120 regulating the operation and speed of motorboat

30  traffic all year around within Turkey Creek and its

31

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  1  tributaries and within Manatee Cove in Brevard County. The

  2  specific areas to be regulated consist of:

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

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

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

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

  7  28 south, range 37 east, to the confluence of Turkey Creek and

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

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

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

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

12  Cape Malabar, thence northward along the shoreline of the

13  Indian River to Palm Bay Point.

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

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

16  Banana River, with northern boundaries beginning and running

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

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

19  boundaries running in line with the City of Cocoa Beach

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

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

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

23  80°35'17" west.

24         (n)(l)  The commission shall promulgate regulations

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

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

27  safety requirements of such traffic and the navigational

28  hazards related to the movement of commercial vessels.

29         (o)(m)  The commission may designate by rule adopted

30  pursuant to chapter 120 other portions of state waters where

31  manatees are frequently sighted and the best available

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  1  science, which may include, but is not limited to, manatee

  2  surveys and available studies of food sources and water

  3  depths, justifies the conclusion it can be assumed that

  4  manatees inhabit such waters periodically or continuously.

  5  Upon designation of such waters, the commission shall adopt

  6  rules pursuant to chapter 120 to regulate motorboat speed and

  7  operation which are necessary to protect manatees from harmful

  8  collisions with motorboats and from harassment. The commission

  9  may adopt rules pursuant to chapter 120 to protect manatee

10  habitat, such as seagrass beds, within such waters from

11  destruction by boats or other human activity.  Such rules

12  shall not protect noxious aquatic plants subject to control

13  under s. 369.20.

14         (p)(n)  The commission may designate, by rule adopted

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

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

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

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

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

20  these areas to have water access to their property is

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

22  wake.

23         (q)(o)  Except in the marked navigation channel of the

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

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

26  regulate, by ordinance, motorboat speed and operation on

27  waters within its jurisdiction only where the best available

28  science, which may include, but is not limited to, manatee

29  surveys and available studies of food sources and water

30  depths, justifies the conclusion that manatees inhabit these

31  areas on a regular or continuous basis where manatees are

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  1  frequently sighted and can be generally assumed to inhabit

  2  periodically or continuously. However, such an ordinance may

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

  4  commission according to the criteria in this paragraph.  If

  5  the commission and a local government disagree on the

  6  provisions of an ordinance, a local manatee protection

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

  8  commission and the United States Fish and Wildlife Service,

  9  and to resolve conflicts regarding the ordinance. The manatee

10  protection committee must be comprised of:

11         1.  A representative of the commission;

12         2.  A representative of the county;

13         3.  A representative of the United States Fish and

14  Wildlife Service;

15         4.  A representative of a local marine-related

16  business;

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

18         6.  A local fisher;

19         7.  An affected property owner; and

20         8.  A representative of the Florida Marine Patrol.

21

22  If local and state regulations are established for the same

23  area, the more restrictive regulation shall prevail.

24         (r)(p)  The commission shall evaluate the need for use

25  of fenders to prevent crushing of manatees between vessels

26  (100' or larger) and bulkheads or wharves in counties where

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

28  counties where evidence indicates that manatees have been

29  crushed between vessels and bulkheads or wharves, the

30  commission shall:

31

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  1         1.  Adopt rules pursuant to chapter 120 requiring use

  2  of fenders for construction of future bulkheads or wharves;

  3  and

  4         2.  Implement a plan and time schedule to require

  5  retrofitting of existing bulkheads or wharves consistent with

  6  port bulkhead or wharf repair or replacement schedules.

  7

  8  The fenders shall provide sufficient standoff from the

  9  bulkhead or wharf under maximum operational compression to

10  ensure that manatees cannot be crushed between the vessel and

11  the bulkhead or wharf.

12         (s)(q)  Any violation of a restricted area established

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

14  120 or ordinance pursuant to this subsection, shall be

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

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

17  s. 327.74, except as otherwise provided in paragraph (u) (s).

18  Any person who refuses to post a bond or accept and sign a

19  uniform boating citation shall, as provided in s. 327.73(3),

20  be guilty of a misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         (t)  No later than February 15, 2003, the commission,

23  working in conjunction with the United States Fish and

24  Wildlife Service, shall develop a measurable biological goal

25  that defines manatee recovery.  This measurable biological

26  goal shall be used by the commission in its development of

27  management plans or work plans and shall be used by the

28  commission and the local rule review committees to evaluate

29  the effectiveness of existing and proposed manatee protection

30  rules and to determine the progress in achieving manatee

31  recovery.

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  1         (u)(r)  Except as otherwise provided in this paragraph,

  2  any person violating the provisions of this subsection or any

  3  rule or ordinance adopted pursuant to this subsection shall be

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

  5  370.021(1)(a) or (b).

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

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

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

  9  2.

10         2.  This paragraph does not apply to persons violating

11  restrictions governing "No Entry" zones or "Motorboat

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

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

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

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

16  paragraph (d).

17         Section 2.  Subsection (2) of section 327.41, Florida

18  Statutes, is amended to read:

19         327.41  Uniform waterway regulatory markers.--

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

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

22  portion of the Florida Intracoastal Waterway within its

23  jurisdiction or which has adopted a restricted area by

24  ordinance pursuant to s. 327.22, s. 327.60, or s.

25  370.12(2)(q)(o), or any other governmental entity which has

26  legally established a restricted area, may apply to the

27  commission for permission to place regulatory markers within

28  the restricted area.

29         Section 3.  The Legislature intends that the provisions

30  of this act may not be retroactively applied to manatee

31  protection rules existing on the effective date of this act

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    Florida House of Representatives - 2002             CS/HB 1473

    401-119-02






  1  unless the commission proposes to amend or revise such rules

  2  after this act takes effect.  Proposed rules that are

  3  currently subject to an administrative challenge that is

  4  pending as of February 12, 2002, are not subject to the

  5  provisions of this act until reviewed pursuant to the rule

  6  review schedule established in s. 370.12(2)(j), Florida

  7  Statutes, as created by this act, unless a court or

  8  administrative hearing officer should find such proposed rule

  9  to be invalid.

10         Section 4.  This act shall take effect upon becoming a

11  law.

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