Senate Bill sb1614c2
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By the Committees on Comprehensive Planning, Local and
Military Affairs; Natural Resources; and Senator Posey
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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 Fish and Wildlife Conservation
14 Commission staff responses shall be part of the
15 rulemaking record; authorizing the Fish and
16 Wildlife Conservation Commission to provide
17 comments to permitting agencies relating to
18 marine facilities to protect manatees; revising
19 the circumstances under which the commission
20 may post and regulate motorboat speeds to
21 protect manatees; requiring that the commission
22 periodically assess the rate of compliance with
23 rules to protect manatees; requiring the
24 commission to develop and implement a strategic
25 plan if compliance rates fall below a specified
26 percent; requiring specified counties to
27 develop manatee protection plans that are
28 consistent with specified policy directive;
29 requiring the commission to provide assistance
30 to such counties; amending s. 327.41, F.S.;
31 conforming a cross-reference; providing
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1 legislative intent that the provisions of the
2 act not be retroactively applied except as
3 otherwise provided; providing an exemption;
4 amending s. 372.072, F.S.; requiring the Fish
5 and Wildlife Commission to develop a measurable
6 biological goal for manatee recovery; providing
7 an effective date.
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
2
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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)1. Except for emergency rules adopted under s.
26 120.54, all proposed rules of the Fish and Wildlife
27 Conservation Commission for which a notice of intended agency
28 action is filed after the date this paragraph takes effect
29 proposing to govern the speed and operation of motor boats for
30 purposes of manatee protection must be submitted to the
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1 counties where the proposed rules will take effect for review
2 by local rule-review committees.
3 2. No less than 60 days prior to filing a notice of
4 rule development in the Florida Administrative Weekly, as
5 provided in s. 120.54(3)(a), the Fish and Wildlife
6 Conservation Commission shall notify the counties for which a
7 rule to regulate the speed and operation of motorboats for the
8 protection of manatees is proposed. A county so notified
9 shall, at its option, establish a local rule-review committee
10 or several counties may combine local rule-review committees.
11 3. The board of county commissioners of each county in
12 which a rule to regulate the speed and operation of motorboats
13 for the protection of manatees is proposed shall, at its
14 option, designate a local rule-review committee. If so
15 designated, the rule-review committee must represent an equal
16 balance of local waterway users, such as fishers, boaters,
17 water skiers, other waterway users, as compared to the number
18 of manatee and other environmental advocates. A board of
19 county commissioners may designate an existing advisory group
20 as the rule-review committee so long as the membership of the
21 advisory group maintains an equal balance of waterway users as
22 compared with the number of manatee and environmental
23 advocates.
24 4. The county shall invite other state, federal,
25 county, municipal, or local agency representatives to
26 participate as nonvoting members of the local rule-review
27 committee.
28 5. The county shall provide logistical and
29 administrative staff support to the local rule-review
30 committee and may request technical assistance from the Fish
31 and Wildlife Conservation Commission staff.
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1 6. Each local rule-review committee shall elect a
2 chair and recording secretary from among its voting members.
3 7. Fish and Wildlife Conservation Commission staff
4 shall submit the proposed rule and supporting data used to
5 develop the rule to the local rule-review committees and shall
6 concurrently make copies available to other parties upon
7 request.
8 8. The local rule-review committees shall have 60 days
9 from receipt of the proposed rule to submit a written report
10 to commission members and staff. The rule-review committees
11 may use supporting data supplied by the Fish and Wildlife
12 Conservation Commission, as well as public testimony that may
13 be collected by the committee, to develop the written report.
14 The report may contain recommended changes to proposed manatee
15 protection zones or speed zones, including a recommendation
16 that no rule be adopted, if that is the decision of the
17 committee.
18 9. Prior to filing a notice of proposed rulemaking in
19 the Florida Administrative Weekly as provided in s.
20 120.54(3)(a), the Fish and Wildlife Conservation Commission
21 staff shall provide a written response to the
22 local-rule-review-committee reports to the appropriate
23 counties, the commission members, and the public upon request.
24 10. In conducting a review of the proposed manatee
25 protection rule, the local rule-review committees may address
26 such factors as whether the best available scientific
27 information supports the proposed rule, whether seasonal zones
28 are warranted, and such other factors as are reasonable to
29 balance manatee protection and public access to and use of the
30 waters being regulated under the proposed rule.
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1 11. The written reports submitted by the local
2 rule-review committees shall contain a majority opinion. If
3 the majority opinion is not unanimous, a minority opinion
4 shall also be included.
5 12. The members of the commission shall fully consider
6 any timely submitted written report submitted by a local
7 rule-review committee prior to authorizing commission staff to
8 move forward with proposed rulemaking and shall fully consider
9 any timely submitted subsequent written reports of the
10 committee prior to adoption of a final rule. The written
11 reports of the local rule-review committee and the written
12 responses of the commission staff shall be part of the
13 rulemaking record and may be submitted as evidence in any
14 proceeding relating to a rule proposed or adopted pursuant to
15 this subsection.
16 (g)(f) In order to protect manatees or sea cows from
17 harmful collisions with motorboats or from harassment, the
18 Fish and Wildlife Conservation Commission is authorized, in
19 addition to all other authority, to provide a permitting
20 agency with comments shall adopt rules under chapter 120
21 regarding the expansion of existing, or the construction of
22 new, marine facilities and mooring or docking slips, by the
23 addition or construction of five or more powerboat slips. The
24 Fish and Wildlife Conservation Commission shall adopt rules
25 under chapter 120, and regulating the operation and speed of
26 motorboat traffic, only where manatee sightings are frequent
27 and the best available scientific information, as well as
28 other available, relevant, and reliable information, which may
29 include, but need not be limited to, manatee surveys,
30 observations, and available studies of food sources and water
31 depths, supports the conclusions that manatees it can be
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1 generally assumed, based on available scientific information,
2 that they inhabit these areas on a regular or continuous
3 basis:
4 1. In Lee County: the entire Orange River, including
5 the Tice Florida Power and Light Corporation discharge canal
6 and adjoining waters of the Caloosahatchee River within 1 mile
7 of the confluence of the Orange and Caloosahatchee Rivers.
8 2. In Brevard County: those portions of the Indian
9 River within three-fourths of a mile of the Orlando Utilities
10 Commission Delespine power plant effluent and the Florida
11 Power and Light Frontenac power plant effluents.
12 3. In Indian River County: the discharge canals of the
13 Vero Beach Municipal Power Plant and connecting waters within
14 1 1/4 miles thereof.
15 4. In St. Lucie County: the discharge of the Henry D.
16 King Municipal Electric Station and connecting waters within 1
17 mile thereof.
18 5. In Palm Beach County: the discharges of the Florida
19 Power and Light Riviera Beach power plant and connecting
20 waters within 1 1/2 miles thereof.
21 6. In Broward County: the discharge canal of the
22 Florida Power and Light Port Everglades power plant and
23 connecting waters within 1 1/2 miles thereof and the
24 discharge canal of the Florida Power and Light Fort Lauderdale
25 power plant and connecting waters within 2 miles thereof. For
26 purposes of ensuring the physical safety of boaters in a
27 sometimes turbulent area, the area from the easternmost edge
28 of the authorized navigation project of the intracoastal
29 waterway east through the Port Everglades Inlet is excluded
30 from this regulatory zone.
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1 7. In Citrus County: headwaters of the Crystal River,
2 commonly referred to as King's Bay, and the Homosassa River.
3 8. In Volusia County: Blue Springs Run and connecting
4 waters of the St. Johns River within 1 mile of the confluence
5 of Blue Springs and the St. Johns River; and Thompson Creek,
6 Strickland Creek, Dodson Creek, and the Tomoka River.
7 9. In Hillsborough County: that portion of the Alafia
8 River from the main shipping channel in Tampa Bay to U.S.
9 Highway 41.
10 10. In Sarasota County: the Venice Inlet and
11 connecting waters within 1 mile thereof, including Lyons Bay,
12 Donna Bay, Roberts Bay, and Hatchett Creek, excluding the
13 waters of the intracoastal waterway and the right-of-way
14 bordering the centerline of the intracoastal waterway.
15 11. In Collier County: within the Port of Islands,
16 within section 9, township 52 south, range 28 east, and
17 certain unsurveyed lands, all east-west canals and the
18 north-south canals to the southerly extent of the intersecting
19 east-west canals which lie southerly of the centerline of U.S.
20 Highway 41.
21 12. In Manatee County: that portion of the Manatee
22 River east of the west line of section 17, range 19 east,
23 township 34 south; the Braden River south of the north line
24 and east of the west line of section 29, range 18 east,
25 township 34 south; Terra Ceia Bay and River, east of the west
26 line of sections 26 and 35 of range 17 east, township 33
27 south, and east of the west line of section 2, range 17 east,
28 township 34 south; and Bishop Harbor east of the west line of
29 section 13, range 17 east, township 33 south.
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1 13. In Dade County: those portions of Black Creek
2 lying south and east of the water control dam, including all
3 boat basins and connecting canals within 1 mile of the dam.
4 (h)(g) The Fish and Wildlife Conservation Commission
5 shall adopt rules pursuant to chapter 120 regulating the
6 operation and speed of motorboat traffic only where manatee
7 sightings are frequent and the best available scientific
8 information, as well as other available, relevant, and
9 reliable information, which may include, but need not be
10 limited to, manatee surveys, observations, and available
11 studies of food sources and water depths, supports the
12 conclusion that manatees it can be generally assumed that they
13 inhabit these areas on a regular or continuous basis within
14 that portion of the Indian River between the St. Lucie Inlet
15 in Martin County and the Jupiter Inlet in Palm Beach County
16 and. In addition, the commission shall adopt rules pursuant to
17 chapter 120 regulating the operation and speed of motorboat
18 traffic only where manatee sightings are frequent and it can
19 be generally assumed that they inhabit these areas on a
20 regular or continuous basis within the Loxahatchee River in
21 Palm Beach and Martin Counties, including the north and
22 southwest forks thereof. A limited lane or corridor providing
23 for reasonable motorboat speeds may be identified and
24 designated within this area.
25 (i)(h) The commission shall adopt rules pursuant to
26 chapter 120 regulating the operation and speed of motorboat
27 traffic only where manatee sightings are frequent and the best
28 available scientific information, together with other
29 available, relevant, and reliable information, which may
30 include, but need not be limited to, manatee surveys,
31 observations, and available studies of food sources and water
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1 depths, supports the conclusion that manatees it can be
2 generally assumed that they inhabit these areas on a regular
3 or continuous basis within the Withlacoochee River and its
4 tributaries in Citrus and Levy Counties. The specific areas to
5 be regulated include the Withlacoochee River and the U.S. 19
6 bridge westward to a line between U.S. Coast Guard markers
7 number 33 and number 34 at the mouth of the river, including
8 all side channels and coves along that portion of the river;
9 Bennets' Creek from its beginning to its confluence with the
10 Withlacoochee River; Bird's Creek from its beginning to its
11 confluence with the Withlacoochee River; and the two dredged
12 canal systems on the north side of the Withlacoochee River
13 southwest of Yankeetown. A limited lane or corridor providing
14 for reasonable motorboat speeds may be identified and
15 designated within this area.
16 (j)(i) If any new power plant is constructed or other
17 source of warm water discharge is discovered within the state
18 which attracts a concentration of manatees or sea cows, the
19 Fish and Wildlife Conservation commission is directed to adopt
20 rules pursuant to chapter 120 regulating the operation and
21 speed of motorboat traffic within the area of such discharge.
22 Such rules shall designate a zone which is sufficient in size,
23 and which shall remain in effect for a sufficient period of
24 time, to protect the manatees or sea cows.
25 (k)(j) It is the intent of the Legislature through
26 adoption of this paragraph to allow the Fish and Wildlife
27 Conservation Commission to post and regulate boat speeds only
28 where the best available scientific information, as well as
29 other available, relevant, and reliable information, which may
30 include, but need not be limited to, manatee surveys,
31 observations, and available studies of food sources and water
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1 depth, supports the conclusion that manatees manatee sightings
2 are frequent and it can be generally assumed that they inhabit
3 these areas on a seasonal regular or continuous basis. It is
4 not the intent of the Legislature to permit the commission to
5 post and regulate boat speeds generally throughout the waters
6 of the state in the above-described inlets, bays, rivers,
7 creeks, thereby unduly interfering with the rights of fishers,
8 boaters, and water skiers using the areas for recreational and
9 commercial purposes. The Legislature further intends that the
10 commission may identify and designate limited lanes or
11 corridors providing for reasonable motorboat speeds within
12 waters of the state whenever such lanes and corridors are
13 consistent with manatee protection and recovery goals may be
14 identified and designated within these areas.
15 (l)(k) The commission shall adopt rules pursuant to
16 chapter 120 regulating the operation and speed of motorboat
17 traffic all year around within Turkey Creek and its
18 tributaries and within Manatee Cove in Brevard County. The
19 specific areas to be regulated consist of:
20 1. A body of water which starts at Melbourne-Tillman
21 Drainage District structure MS-1, section 35, township 28
22 south, range 37 east, running east to include all natural
23 waters and tributaries of Turkey Creek, section 26, township
24 28 south, range 37 east, to the confluence of Turkey Creek and
25 the Indian River, section 24, township 28 south, range 37
26 east, including all lagoon waters of the Indian River bordered
27 on the west by Palm Bay Point, the north by Castaway Point,
28 the east by the four immediate spoil islands, and the south by
29 Cape Malabar, thence northward along the shoreline of the
30 Indian River to Palm Bay Point.
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1 2. A triangle-shaped body of water forming a cove
2 (commonly referred to as Manatee Cove) on the east side of the
3 Banana River, with northern boundaries beginning and running
4 parallel to the east-west cement bulkhead located 870 feet
5 south of SR 520 Relief Bridge in Cocoa Beach and with western
6 boundaries running in line with the City of Cocoa Beach
7 channel markers 121 and 127 and all waters east of these
8 boundaries in section 34, township 24 south, range 37 east;
9 the center coordinates of this cove are 28°20'14" north,
10 80°35'17" west.
11 (m)(l) The commission shall promulgate regulations
12 pursuant to chapter 120 relating to the operation and speed of
13 motor boat traffic in port waters with due regard to the
14 safety requirements of such traffic and the navigational
15 hazards related to the movement of commercial vessels.
16 (n)(m) The commission may designate by rule adopted
17 pursuant to chapter 120 other portions of state waters where
18 manatees are frequently sighted and the best available
19 scientific information, as well as other available, relevant,
20 and reliable information, which may include, but need not be
21 limited to, manatee surveys, observations, and available
22 studies of food sources and water depths, supports the
23 conclusion that it can be assumed that manatees inhabit such
24 waters periodically or continuously. Upon designation of such
25 waters, the commission shall adopt rules pursuant to chapter
26 120 to regulate motorboat speed and operation which are
27 necessary to protect manatees from harmful collisions with
28 motorboats and from harassment. The commission may adopt rules
29 pursuant to chapter 120 to protect manatee habitat, such as
30 seagrass beds, within such waters from destruction by boats or
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1 other human activity. Such rules shall not protect noxious
2 aquatic plants subject to control under s. 369.20.
3 (o)(n) The commission may designate, by rule adopted
4 pursuant to chapter 120, limited areas as a safe haven for
5 manatees to rest, feed, reproduce, give birth, or nurse
6 undisturbed by human activity. Access by motor boat to private
7 residences, boat houses, and boat docks through these areas by
8 residents, and their authorized guests, who must cross one of
9 these areas to have water access to their property is
10 permitted when the motorboat is operated at idle speed, no
11 wake.
12 (p)(o) Except in the marked navigation channel of the
13 Florida Intracoastal Waterway as defined in s. 327.02 and the
14 area within 100 feet of such channel, a local government may
15 regulate, by ordinance, motorboat speed and operation on
16 waters within its jurisdiction where the best available
17 scientific information, as well as other available, relevant,
18 and reliable information, which may include, but need not be
19 limited to, manatee surveys, observations, and available
20 studies of food sources and water depths, supports the
21 conclusion that manatees inhabit these areas on a regular or
22 continuous basis where manatees are frequently sighted and can
23 be generally assumed to inhabit periodically or continuously.
24 However, such an ordinance may not take effect until it has
25 been reviewed and approved by the commission. If the
26 commission and a local government disagree on the provisions
27 of an ordinance, a local manatee protection committee must be
28 formed to review the technical data of the commission and the
29 United States Fish and Wildlife Service, and to resolve
30 conflicts regarding the ordinance. The manatee protection
31 committee must be comprised of:
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1 1. A representative of the commission;
2 2. A representative of the county;
3 3. A representative of the United States Fish and
4 Wildlife Service;
5 4. A representative of a local marine-related
6 business;
7 5. A representative of the Save the Manatee Club;
8 6. A local fisher;
9 7. An affected property owner; and
10 8. A representative of the Florida Marine Patrol.
11
12 If local and state regulations are established for the same
13 area, the more restrictive regulation shall prevail.
14 (q)(p) The commission shall evaluate the need for use
15 of fenders to prevent crushing of manatees between vessels
16 (100' or larger) and bulkheads or wharves in counties where
17 manatees have been crushed by such vessels. For areas in
18 counties where evidence indicates that manatees have been
19 crushed between vessels and bulkheads or wharves, the
20 commission shall:
21 1. Adopt rules pursuant to chapter 120 requiring use
22 of fenders for construction of future bulkheads or wharves;
23 and
24 2. Implement a plan and time schedule to require
25 retrofitting of existing bulkheads or wharves consistent with
26 port bulkhead or wharf repair or replacement schedules.
27
28 The fenders shall provide sufficient standoff from the
29 bulkhead or wharf under maximum operational compression to
30 ensure that manatees cannot be crushed between the vessel and
31 the bulkhead or wharf.
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1 (r)(q) Any violation of a restricted area established
2 by this subsection, or established by rule pursuant to chapter
3 120 or ordinance pursuant to this subsection, shall be
4 considered a violation of the boating laws of this state and
5 shall be charged on a uniform boating citation as provided in
6 s. 327.74, except as otherwise provided in paragraph (s). Any
7 person who refuses to post a bond or accept and sign a uniform
8 boating citation shall, as provided in s. 327.73(3), be guilty
9 of a misdemeanor of the second degree, punishable as provided
10 in s. 775.082 or s. 775.083. Whereas the effectiveness of
11 rules to protect manatees are dependent upon the rate of
12 compliance among boaters, the Fish and Wildlife Conservation
13 Commission shall ensure that boaters comply with rules adopted
14 under chapter 120 for the protection of manatees. Using
15 standardized and repeatable methodology, the commission shall
16 regularly assess, at least once every 3 years, the rate of
17 compliance among boaters using the waters regulated for
18 manatee protection. Data collection for compliance studies
19 should not be collected while a uniformed officer is present
20 in the area in which data are being collected. If compliance
21 rates fall below 85 percent, the commission must develop and
22 implement a strategic plan for law enforcement agencies and
23 for boater education which ensure at least 85-percent rate of
24 compliance. The plan should address, but need not be limited
25 to, a description of the methodology to be used, levels of
26 staffing and equipment required, as well as a list of those
27 areas in which and the seasons during which such increased
28 enforcement and educational activities will be focused. If
29 available staffing and resources prevent effective
30 implementation of the plan, the commission shall at its
31 earliest opportunity prepare and submit an appropriations
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1 request that is sufficient in scope to attain and maintain the
2 minimum 85-percent compliance rate.
3 (s)(r) Except as otherwise provided in this paragraph,
4 any person violating the provisions of this subsection or any
5 rule or ordinance adopted pursuant to this subsection shall be
6 guilty of a misdemeanor, punishable as provided in s.
7 370.021(1)(a) or (b).
8 1. Any person operating a vessel in excess of a posted
9 speed limit shall be guilty of a civil infraction, punishable
10 as provided in s. 327.73, except as provided in subparagraph
11 2.
12 2. This paragraph does not apply to persons violating
13 restrictions governing "No Entry" zones or "Motorboat
14 Prohibited" zones, who, if convicted, shall be guilty of a
15 misdemeanor, punishable as provided in s. 370.021(1)(a) or
16 (b), or, if such violation demonstrates blatant or willful
17 action, may be found guilty of harassment as described in
18 paragraph (d).
19 (t) In order to protect manatees and manatee habitats,
20 the following counties shall each develop a manatee protection
21 plan that is consistent with the Governor and Cabinet's policy
22 directive of October, 1989: Collier, Lee, Charlotte, Sarasota,
23 Manatee, Hillsborough, Citrus, Monroe, Dade, Brevard, Palm
24 Beach, Broward, Martin, Indian River, Volusia, Duval, Clay,
25 St. Johns, St. Lucie, Glades, and Pinellas. The commission
26 shall assist these counties in order to facilitate the
27 expeditious completion and implementation of the manatee
28 protection plans. Each county listed in this paragraph is
29 encouraged to the extent practicable to incorporate its
30 manatee protection plan within the county's comprehensive
31 plan.
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1 Section 2. Subsection (2) of section 327.41, Florida
2 Statutes, is amended to read:
3 327.41 Uniform waterway regulatory markers.--
4 (2) Any county or municipality which has been granted
5 a restricted area designation, pursuant to s. 327.46, for a
6 portion of the Florida Intracoastal Waterway within its
7 jurisdiction or which has adopted a restricted area by
8 ordinance pursuant to s. 327.22, s. 327.60, or s. 370.12(2)(q)
9 s. 370.12(2)(o), or any other governmental entity which has
10 legally established a restricted area, may apply to the
11 commission for permission to place regulatory markers within
12 the restricted area.
13 Section 3. The Legislature intends that the provisions
14 of this act may not be retroactively applied to manatee
15 protection rules existing on the effective date of this act
16 unless the Fish and Wildlife Conservation Commission proposes
17 to amend or revise such rules after this act takes effect.
18 Proposed rules that are currently subject to an administrative
19 challenge pending as of February 12, 2002, are not subject to
20 the provisions of this act unless a court or administrative
21 hearing officer finds such proposed rule to be invalid and all
22 appeals have been exhausted. Once such rules become final, any
23 revisions or amendments of such rules shall be conducted
24 pursuant to the provisions of this act.
25 Section 4. Subsection (6) is added to section 372.072,
26 Florida Statutes, to read:
27 372.072 Endangered and Threatened Species Act.--
28 (6) Measurable Biological Goals.--By February 15,
29 2003, the commission, in conjunction with the U.S. Fish and
30 Wildlife Service, shall develop a measurable biological goal
31 that defines manatee recovery. This measurable biological goal
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1 shall be used by the commission in its development of
2 management plans or workplans.
3 Section 5. This act shall take effect July 1, 2002.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
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8 This bill provides for the designation, at the option of the
board of county commissioners, of local rule review committees
9 in counties where manatee-protection zones or manatee speed
zones may be imposed. The purpose of the committee is to
10 submit a written report to the Fish and Wildlife Conservation
Commission (FWCC) recommending changes to proposed manatee
11 protection zones or speed zones.
12 The composition of a local rule review committee must include
an equal balance of waterway users compared to the number of
13 manatee and environmental advocates.
14 The bill requires the FWCC, in consultation with the U.S. Fish
and Wildlife Service, to develop a measurable biological goal
15 that defines manatee recovery, by February 15, 2003, under the
authority of the Florida Endangered Species Act.
16
The bill requires the FWCC to conduct studies, at least every
17 three years, of the compliance rate of boaters with manatee
protection rules. If compliance rates fall below 85%, the FWCC
18 is required to prepare a strategic plan to bring compliance
back to the 85% minimum rate.
19
The bill requires twenty one counties to prepare manatee
20 protection plans, and encourages these counties to incorporate
the manatee protection plan into the county's local government
21 comprehensive plan.
22
23
24
25
26
27
28
29
30
31
18
CODING: Words stricken are deletions; words underlined are additions.