Senate Bill sb1614c1

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    Florida Senate - 2002                           CS for SB 1614

    By the Committee on Natural Resources; and Senator Posey





    312-2007B-02

  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 shall

14         be part of the rulemaking record; authorizing

15         the Fish and Wildlife Conservation Commission

16         to provide comments to permitting agencies

17         relating to marine facilities to protect

18         manatees; revising the circumstances under

19         which the commission may post and regulate

20         motorboat speeds to protect manatees; revising

21         the circumstances under which a local

22         government may regulate motorboat speed and

23         operation on waters within its jurisdiction by

24         ordinance; eliminating provisions requiring

25         creation of local manatee protection committees

26         for resolving certain disputes involving such

27         ordinances; requiring the commission to develop

28         a measurable biological goal that defines

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

30         conforming a cross-reference; providing

31         legislative intent that the provisions of the

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  1         act not be retroactively applied except as

  2         otherwise provided; providing an exemption;

  3         providing effective dates.

  4

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

  6

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

  8  Statutes, is amended to read:

  9         370.12  Marine animals; regulation.--

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

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

12  the "Florida Manatee Sanctuary Act."

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

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

15  marine mammal."

16         (c)  Whenever the Fish and Wildlife Conservation

17  commission is satisfied that the interest of science will be

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

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

20  propagational purpose and should be granted, and after

21  concurrence by the United States Department of the Interior,

22  the commission may grant to any person making such application

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

24  shall specify the exact number which shall be maintained in

25  captivity.

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

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

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

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

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

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

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

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

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

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

  5  or any part of any manatee.

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

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

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

  9  other subaquatic gear, or other instrument, device, or

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

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

12  The foregoing provisions relating to seizure and forfeiture of

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

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

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

16  provisions shall not vitiate any valid lien, retain title

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

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

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

20  the seizure.

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

22  120.54, all proposed rules of the commission for which a

23  notice of intended agency action is filed after the date this

24  paragraph takes effect proposing to govern the speed and

25  operation of motor boats for purposes of manatee protection

26  must be submitted to the counties where the proposed rules

27  will take effect for review by local rule-review committees.

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

29  rule development in the Florida Administrative Weekly, as

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

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

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

  2  county so notified shall establish a local rule-review

  3  committee or several counties may combine local rule-review

  4  committees.

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

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

  7  for the protection of manatees is proposed shall designate a

  8  local rule-review committee that represents a balance of

  9  fishers, boaters, water skiers, other traditional waterway

10  users, and environmental interests. A board of county

11  commissioners may designate an existing advisory group as the

12  local rule-review committee so long as the membership of the

13  advisory group maintains a balance of fishers, boaters, water

14  skiers, other traditional waterway users, and environmental

15  interests.

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

17  county, municipal, or local agency representatives to

18  participate as nonvoting members of the local rule-review

19  committee.

20         5.  The county shall provide logistical and

21  administrative staff support to the local rule-review

22  committee and may request technical assistance from the

23  commission staff.

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

25  chair and recording secretary from among its voting members.

26         7.  Commission staff shall submit the proposed rule and

27  supporting data used to develop the rule to the local

28  rule-review committees.

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

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

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

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  1  may use supporting data supplied by the commission, as well as

  2  public testimony that may be collected by the committee, to

  3  develop the written report.  The report may contain

  4  recommended changes to proposed manatee protection zones or

  5  speed zones, including a recommendation that no rule be

  6  adopted, if that is the finding of the committee.

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

  8  the Florida Administrative Weekly as provided in s.

  9  120.54(3)(a), the commission staff shall provide a written

10  response to the local-rule-review-committee reports to the

11  appropriate counties and to the commission members.

12         10.  In conducting a review of the proposed manatee

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

14  such factors as whether the best available science justifies

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

16  such other factors as are necessary to balance manatee

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

18  regulated under the proposed rule.

19         11.  The written reports submitted by the local

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

21  the majority opinion is not unanimous, a minority opinion

22  shall also be included.

23         12.  The members of the commission shall fully consider

24  any timely submitted written report submitted by a local

25  rule-review committee prior to authorizing commission staff to

26  move forward with proposed rulemaking and shall fully consider

27  any subsequent reports of the committee prior to adoption of a

28  final rule. The written reports of the local rule-review

29  committee and the written responses of the commission staff

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

31

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  1  evidence in any proceeding relating to a rule proposed or

  2  adopted pursuant to this subsection.

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

  4  harmful collisions with motorboats or from harassment, the

  5  Fish and Wildlife Conservation commission is authorized to

  6  provide a permitting agency with comments shall adopt rules

  7  under chapter 120 regarding the expansion of existing, or the

  8  construction of new, marine facilities and mooring or docking

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

10  powerboat slips. The commission shall adopt rules under

11  chapter 120 to regulate, and regulating the operation and

12  speed of motorboat traffic, only where manatees manatee

13  sightings are sighted frequent and the best available science

14  and observations of the commission, which may include, but

15  need not be limited to, manatee surveys, and available studies

16  of food sources and water depths, justify the conclusions that

17  manatees it can be generally assumed, based on available

18  scientific information, that they inhabit these areas on a

19  regular or continuous basis:

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

21  the Tice Florida Power and Light Corporation discharge canal

22  and adjoining waters of the Caloosahatchee River within 1 mile

23  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

26  Commission Delespine power plant effluent and the Florida

27  Power and Light Frontenac power plant effluents.

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

29  Vero Beach Municipal Power Plant and connecting waters within

30  1 1/4  miles thereof.

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    Florida Senate - 2002                           CS for SB 1614
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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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    Florida Senate - 2002                           CS for SB 1614
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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 Dade County: those portions of Black Creek

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

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

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

20  shall adopt rules pursuant to chapter 120 regulating the

21  operation and speed of motorboat traffic only where manatees

22  manatee sightings are sighted frequent and the best available

23  science and observations of the commission, which may include,

24  but need not be limited to, manatee surveys, and available

25  studies of food sources and water depths, justify the

26  conclusion that manatees it can be generally assumed that they

27  inhabit these areas on a regular or continuous basis within

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

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

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

31  chapter 120 regulating the operation and speed of motorboat

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    Florida Senate - 2002                           CS for SB 1614
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  1  traffic only where manatee sightings are frequent and it can

  2  be generally assumed that they inhabit these areas on a

  3  regular or continuous basis within the Loxahatchee River in

  4  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 manatees manatee sightings are sighted

11  frequent and the best available science and observations of

12  the commission, which may include, but need not be limited to,

13  manatee surveys and available studies of food sources and

14  water depths, justify the conclusion that manatees it can be

15  generally assumed that they inhabit these areas on a regular

16  or continuous basis within the Withlacoochee River and its

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

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

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

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

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

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

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

24  confluence with the Withlacoochee River; and the two dredged

25  canal systems on the north side of the Withlacoochee River

26  southwest of Yankeetown. A limited lane or corridor providing

27  for reasonable motorboat speeds may be identified and

28  designated within this area.

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

30  source of warm water discharge is discovered within the state

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

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  1  Fish and Wildlife Conservation commission is directed to adopt

  2  rules pursuant to chapter 120 regulating the operation and

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

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

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

  6  time, to protect the manatees or sea cows.

  7         (k)(j)  For any manatee protection or speed zone rule

  8  adopted pursuant to subsection (2), it is the intent of the

  9  Legislature through adoption of this paragraph to allow the

10  Fish and Wildlife Conservation commission to post and regulate

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

12  include, but need not be limited to, manatee surveys and

13  available studies of food sources and water depth, justifies

14  the conclusion that manatees manatee sightings are frequent

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

16  on a regular or continuous basis. The commission may post and

17  regulate boat speeds on a seasonal basis in areas where the

18  best available science, which may include, but need not be

19  limited to, manatee surveys and available studies of food

20  sources and water depth, justifies the conclusion that

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

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

23  regulate boat speeds generally in the waters of the state

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

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

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

27  areas for recreational and commercial purposes. The

28  Legislature further intends that the commission may identify

29  and designate limited lanes or corridors providing for

30  reasonable motorboat speeds within waters of the state

31  whenever such lanes and corridors are consistent with manatee

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  1  protection and recovery goals may be identified and designated

  2  within these areas.

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

  4  chapter 120 regulating the operation and speed of motorboat

  5  traffic all year around within Turkey Creek and its

  6  tributaries and within Manatee Cove in Brevard County. The

  7  specific areas to be regulated consist of:

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

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

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

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

12  28 south, range 37 east, to the confluence of Turkey Creek and

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

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

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

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

17  Cape Malabar, thence northward along the shoreline of the

18  Indian River to Palm Bay Point.

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

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

21  Banana River, with northern boundaries beginning and running

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

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

24  boundaries running in line with the City of Cocoa Beach

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

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

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

28  80°35'17" west.

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

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

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

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  1  safety requirements of such traffic and the navigational

  2  hazards related to the movement of commercial vessels.

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

  4  pursuant to chapter 120 other portions of state waters where

  5  manatees are frequently sighted and the best available science

  6  and observations of the commission, which may include, but

  7  need not be limited to, manatee surveys and available studies

  8  of food sources and water depths, justify the conclusion that

  9  it can be assumed that manatees inhabit such waters

10  periodically or continuously. Upon designation of such waters,

11  the commission shall adopt rules pursuant to chapter 120 to

12  regulate motorboat speed and operation which are necessary to

13  protect manatees from harmful collisions with motorboats and

14  from harassment. The commission may adopt rules pursuant to

15  chapter 120 to protect manatee habitat, such as seagrass beds,

16  within such waters from destruction by boats or other human

17  activity.  Such rules shall not protect noxious aquatic plants

18  subject to control under s. 369.20.

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

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

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

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

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

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

25  these areas to have water access to their property is

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

27  wake.

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

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

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

31  regulate, by ordinance, motorboat speed and operation on

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  1  waters within its jurisdiction only where the best available

  2  science, which may include, but need not be limited to,

  3  manatee surveys and available studies of food sources and

  4  water depths, justifies the conclusion that manatees inhabit

  5  these areas on a regular or continuous basis where manatees

  6  are frequently sighted and can be generally assumed to inhabit

  7  periodically or continuously. However, such an ordinance may

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

  9  commission according to the criteria in this paragraph. If the

10  commission and a local government disagree on the provisions

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

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

13  United States Fish and Wildlife Service, and to resolve

14  conflicts regarding the ordinance. The manatee protection

15  committee must be comprised of:

16         1.  A representative of the commission;

17         2.  A representative of the county;

18         3.  A representative of the United States Fish and

19  Wildlife Service;

20         4.  A representative of a local marine-related

21  business;

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

23         6.  A local fisher;

24         7.  An affected property owner; and

25         8.  A representative of the Florida Marine Patrol.

26

27  If local and state regulations are established for the same

28  area, the more restrictive regulation shall prevail.

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

30  of fenders to prevent crushing of manatees between vessels

31  (100' or larger) and bulkheads or wharves in counties where

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

  2  counties where evidence indicates that manatees have been

  3  crushed between vessels and bulkheads or wharves, the

  4  commission shall:

  5         1.  Adopt rules pursuant to chapter 120 requiring use

  6  of fenders for construction of future bulkheads or wharves;

  7  and

  8         2.  Implement a plan and time schedule to require

  9  retrofitting of existing bulkheads or wharves consistent with

10  port bulkhead or wharf repair or replacement schedules.

11

12  The fenders shall provide sufficient standoff from the

13  bulkhead or wharf under maximum operational compression to

14  ensure that manatees cannot be crushed between the vessel and

15  the bulkhead or wharf.

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

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

18  120 or ordinance pursuant to this subsection, shall be

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

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

21  s. 327.74, except as otherwise provided in paragraph (t) (s).

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

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

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

25  provided in s. 775.082 or s. 775.083.

26         (s)  No later than February 15, 2003, the commission,

27  working in conjunction with the U.S. Fish and Wildlife

28  Service, shall develop a measurable biological goal that

29  defines manatee recovery. This measurable biological goal

30  shall be used by the commission in its development of

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

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  1  commission and the local rule-review committees to evaluate

  2  the effectiveness of existing and proposed manatee-protection

  3  rules and to determine the progress in achieving manatee

  4  recovery.

  5         (t)(r)  Except as otherwise provided in this paragraph,

  6  any person violating the provisions of this subsection or any

  7  rule or ordinance adopted pursuant to this subsection shall be

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

  9  370.021(1)(a) or (b).

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

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

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

13  2.

14         2.  This paragraph does not apply to persons violating

15  restrictions governing "No Entry" zones or "Motorboat

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

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

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

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

20  paragraph (d).

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

22  Statutes, is amended to read:

23         327.41  Uniform waterway regulatory markers.--

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

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

26  portion of the Florida Intracoastal Waterway within its

27  jurisdiction or which has adopted a restricted area by

28  ordinance pursuant to s. 327.22, s. 327.60, or s. 370.12(2)(q)

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

30  legally established a restricted area, may apply to the

31

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  1  commission for permission to place regulatory markers within

  2  the restricted area.

  3         Section 3.  The Legislature intends that the provisions

  4  of this act may not be retroactively applied to manatee

  5  protection rules existing on the effective date of this act

  6  unless the commission proposes to amend or revise such rules

  7  after this act takes effect.  Proposed rules that are

  8  currently subject to an administrative challenge pending as of

  9  February 12, 2002, are not subject to the provisions of this

10  act unless a court or administrative hearing officer finds

11  such proposed rule to be invalid.

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

13  law, except that paragraph (f) of subsection (2) of section

14  370.12, Florida Statutes, as created by this act shall take

15  effect June 15, 2002.

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    Florida Senate - 2002                           CS for SB 1614
    312-2007B-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1614

  3

  4  The proposed committee substitute includes the following
    changes:
  5
    -     The requirement that the FWC notify affected counties
  6        about proposed manatee protection rules at least 45 days
          prior to filing a notice of rule development has been
  7        changed to 60 days prior to filing the notice.

  8  -     Provisions authorizing a local rule-review committee to
          elect to participate in the rule development process
  9        have been deleted.

10  -     Specific requirements for membership or the local
          committees have been revised to require a balance of
11        fishers, boaters, water skiers, other traditional
          waterway users, and environmental interests.
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    -     The time period for a local committee to submit a
13        written report to the FWC has been revised from 45 days
          from receipt of the proposed rule to 60 days from
14        receipt of the proposed rule.

15  -     A local committee's written report must include a
          minority opinion if the majority opinion is not
16        unanimous.

17  -     In adopting manatee protection rules and regulating
          motorboat operation, the FWC's consideration of the best
18        available science must include available studies of food
          sources and water depths. Also, references to the
19        frequency of sightings have been deleted; sightings and
          the observations of the FWC must also be considered.
20
    -     Legislative intent is provided tht the FWC may identify
21        and designate limited lanes or corridors providing for
          reasonable motorboat speeds within waters of the state
22        whenever they would be consistent with manatee
          protection and recovery goals.
23
    -     In regulating boat speeds on a seasonal basis, the FWC's
24        consideration of the best available science must include
          available studies of food sources and water depths.
25
    -     Provisions requiring the FWC to adopt rules relating to
26        new or expanded marine facilities in order to protect
          manatees have been deleted; instead, the FWC is
27        authorized to provide a permitting agency with its
          comments regarding such facilities.
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    -     Provisions requiring the FWC and local committees to
29        review existing rules have been deleted.

30  -     A new section 2 has been added to correct a
          cross-reference.
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    -     A new section 3 has been added to provide legislative
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    Florida Senate - 2002                           CS for SB 1614
    312-2007B-02




  1        intent that the provisions of this act may not be
          retroactively applied to manatee protection rules
  2        existing on the effective date of this act unless the
          FWC proposes to amend or review such rules after this
  3        act takes effect. Proposed rules that are currently
          subject to an administrative challenge pending as of
  4        February 12, 2002, are not subject to the provisions of
          this act   unless a court or administrative hearing
  5        officer finds the proposed rule to be invalid.

  6  -     The act shall take effect upon becoming a law, except
          that pargraph (f) of subsection (2) of section 370.12,
  7        Florida Statutes, as created by this act shall take
          effect June 15, 2002.
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