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House Bill 1473

House Bill hb1473

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    Florida House of Representatives - 2002                HB 1473

        By Representatives Harrington, Allen, Sorensen, Mayfield,
    Green, Needelman, Machek, Kottkamp, Clarke, Haridopolos,
    Harrell, Maygarden, Brummer, Baxley, Arza, Trovillion,
    Kallinger, Kendrick, Dockery, Littlefield and Kilmer



  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         requiring the Department of Environmental

16         Protection to adopt certain rules relating to

17         marine facilities to protect 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

                                  1

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  1         a measurable biological goal that defines

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

  3         correcting a cross reference; providing

  4         legislative intent that the provisions of the

  5         act not be retroactively applied; providing an

  6         effective date.

  7

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

  9

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

11  Statutes, is amended to read:

12         370.12  Marine animals; regulation.--

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

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

15  the "Florida Manatee Sanctuary Act."

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

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

18  marine mammal."

19         (c)  Whenever the Fish and Wildlife Conservation

20  commission is satisfied that the interest of science will be

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

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

23  propagational purpose and should be granted, and after

24  concurrence by the United States Department of the Interior,

25  the commission may grant to any person making such application

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

27  shall specify the exact number which shall be maintained in

28  captivity.

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

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

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

                                  2

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

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

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

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

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

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

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

  8  or any part of any manatee.

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

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

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

12  other subaquatic gear, or other instrument, device, or

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

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

15  The foregoing provisions relating to seizure and forfeiture of

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

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

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

19  provisions shall not vitiate any valid lien, retain title

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

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

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

23  the seizure.

24         (f)1.  Except for emergency rules promulgated under s.

25  120.54, rules of the commission, including all rules for which

26  a notice of intended agency action is filed after the

27  effective date of this act, proposing to govern the speed and

28  operation of motorboats for purposes of manatee protection

29  shall be submitted to the counties where the proposed rules

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

31

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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  any supporting data used to develop the draft rule to the

31  local rule review committees.

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

  2  after receipt of the draft rule and any supporting data to

  3  submit a written report to commission members and staff. The

  4  report may contain recommended changes to proposed manatee

  5  protection zones or speed zones, including a recommendation

  6  that no rule be adopted, if that is the finding of the

  7  committee.

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

  9  the Florida Administrative Weekly as provided in s.

10  120.54(3)(a), the commission staff shall provide a written

11  response to the local rule review committee reports to the

12  appropriate counties and to the commission members.

13         10.  In conducting a review of the proposed manatee

14  protection rule, the local rule review committees may address

15  such factors as whether the best available science justifies

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

17  such other factors as may be necessary to balance manatee

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

19  regulated under the proposed rule.

20         11.  The written reports submitted by the local rule

21  review committees shall contain a majority opinion. If the

22  majority opinion is not unanimous, a minority opinion shall

23  also be included.

24         12.  The members of the commission shall fully consider

25  any timely submitted written report submitted by a local rule

26  review committee prior to authorizing commission staff to move

27  forward with proposed rulemaking and 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.

31

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

  2  harmful collisions with motorboats or from harassment, the

  3  department Fish and Wildlife Conservation Commission shall

  4  adopt rules under chapter 120 regarding the expansion of

  5  existing, or construction of new, marine facilities and

  6  mooring or docking slips, by the addition or construction of

  7  five or more powerboat slips. The commission shall regulate,

  8  and regulating the operation and speed of motorboat traffic,

  9  only where manatee sightings are frequent and the best

10  available science, including, but not limited to, manatee

11  surveys, justifies the conclusion that manatees it can be

12  generally assumed, based on available scientific information,

13  that they inhabit these areas on a regular or continuous

14  basis:

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

16  the Tice Florida Power and Light Corporation discharge canal

17  and adjoining waters of the Caloosahatchee River within 1 mile

18  of the confluence of the Orange and Caloosahatchee Rivers.

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

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

21  Commission Delespine power plant effluent and the Florida

22  Power and Light Frontenac power plant effluents.

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

24  Vero Beach Municipal Power Plant and connecting waters within

25  1 1/4  miles thereof.

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

27  King Municipal Electric Station and connecting waters within 1

28  mile thereof.

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

30  Power and Light Riviera Beach power plant and connecting

31  waters within 1 1/2  miles thereof.

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

  2  Florida Power and Light Port Everglades power plant and

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

  4  discharge canal of the Florida Power and Light Fort Lauderdale

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

  6  purposes of ensuring the physical safety of boaters in a

  7  sometimes turbulent area, the area from the easternmost edge

  8  of the authorized navigation project of the intracoastal

  9  waterway east through the Port Everglades Inlet is excluded

10  from this regulatory zone.

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

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

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

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

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

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

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

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

19  Highway 41.

20         10.  In Sarasota County: the Venice Inlet and

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

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

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

24  bordering the centerline of the intracoastal waterway.

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

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

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

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

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

30  Highway 41.

31

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

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

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

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

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

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

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

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

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

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

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

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

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

14  shall adopt rules pursuant to chapter 120 regulating the

15  operation and speed of motorboat traffic only where manatee

16  sightings are frequent and the best available science,

17  including, but not limited to, manatee surveys, justifies the

18  conclusion that manatees it can be generally assumed that they

19  inhabit these areas on a regular or continuous basis within

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

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

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

23  chapter 120 regulating the operation and speed of motorboat

24  traffic only where manatee sightings are frequent and it can

25  be generally assumed that they inhabit these areas on a

26  regular or continuous basis within the Loxahatchee River in

27  Palm Beach and Martin Counties, including the north and

28  southwest forks thereof. A limited lane or corridor providing

29  for reasonable motorboat speeds may be identified and

30  designated within this area.

31

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

  2  chapter 120 regulating the operation and speed of motorboat

  3  traffic only where manatee sightings are frequent and the best

  4  available science, including, but not limited to, manatee

  5  surveys, justifies the conclusion that manatees it can be

  6  generally assumed that they inhabit these areas on a regular

  7  or continuous basis within the Withlacoochee River and its

  8  tributaries in Citrus and Levy Counties.  The specific areas

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

10  19 bridge westward to a line between U.S. Coast Guard markers

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

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

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

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

15  confluence with the Withlacoochee River; and the two dredged

16  canal systems on the north side of the Withlacoochee River

17  southwest of Yankeetown.  A limited lane or corridor providing

18  for reasonable motorboat speeds may be identified and

19  designated within this area.

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

21  shall initiate a review of all currently existing rules that

22  establish manatee protection zones, manatee speed zones, or

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

24  continued effectiveness.  All rules eligible for review under

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

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

27  committee written reports on the rules under review shall be

28  reviewed by commission staff and commission members and shall

29  be considered part of the rulemaking record.

30         2.  To accommodate commission staff workload

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

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

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

  3  manatee protection rules for all remaining counties, including

  4  Palm Beach, Broward, Dade, Citrus, Hillsborough, Pinellas,

  5  Manatee, Sarasota, Charlotte, Lee, Collier, Duval, St. Johns,

  6  Flagler, Volusia, Martin, Indian River, and St. Lucie

  7  Counties, have been reviewed.

  8

  9  The rule review schedule may be accelerated at the discretion

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

11  challenge, the initiation of subsequent county rule reviews

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

13  of the rule challenge, whichever occurs first.

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

15  source of warm water discharge is discovered within the state

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

17  Fish and Wildlife Conservation commission is directed to adopt

18  rules pursuant to chapter 120 regulating the operation and

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

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

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

22  time, to protect the manatees or sea cows.

23         (l)(j)  It is the intent of the Legislature through

24  adoption of this paragraph to allow the Fish and Wildlife

25  Conservation commission to post and regulate boat speeds only

26  where the best available science, including, but not limited

27  to, manatee surveys, justifies the conclusion that manatees

28  manatee sightings are frequent and it can be generally assumed

29  that they inhabit waters of the state these areas on a regular

30  or continuous basis. The commission may post and regulate boat

31  speeds on a seasonal basis in areas where the best available

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  1  science, including, but not limited to, manatee surveys,

  2  justifies the conclusion that manatees inhabit such areas on a

  3  seasonal basis. It is not the intent of the Legislature to

  4  permit the commission to post and regulate boat speeds

  5  generally in the waters of the state, above-described inlets,

  6  bays, rivers, creeks, thereby unduly interfering with the

  7  rights of fishers, boaters, and water skiers, and other

  8  traditional waterway users who are using the areas for

  9  recreational and commercial purposes. The Legislature further

10  intends that the commission establish 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         (m)(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.

31

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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         (n)(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         (o)(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  science, including, but not limited to, manatee surveys,

20  justifies the conclusion it can be assumed that manatees

21  inhabit such waters periodically or continuously. Upon

22  designation of such waters, the commission shall adopt rules

23  pursuant to chapter 120 to regulate motorboat speed and

24  operation which are necessary to protect manatees from harmful

25  collisions with motorboats and from harassment. The commission

26  may adopt rules pursuant to chapter 120 to protect manatee

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

28  destruction by boats or other human activity.  Such rules

29  shall not protect noxious aquatic plants subject to control

30  under s. 369.20.

31

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

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

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

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

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

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

  7  these areas to have water access to their property is

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

  9  wake.

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

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

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

13  regulate, by ordinance, motorboat speed and operation on

14  waters within its jurisdiction only where the best available

15  science, including, but not limited to, manatee surveys,

16  justifies the conclusion that manatees inhabit these areas on

17  a regular or continuous basis where manatees are frequently

18  sighted and can be generally assumed to inhabit periodically

19  or continuously. However, such an ordinance may not take

20  effect until it has been reviewed and approved by the

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

22  commission and a local government disagree on the provisions

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

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

25  United States Fish and Wildlife Service, and to resolve

26  conflicts regarding the ordinance. The manatee protection

27  committee must be comprised of:

28         1.  A representative of the commission;

29         2.  A representative of the county;

30         3.  A representative of the United States Fish and

31  Wildlife Service;

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  1         4.  A representative of a local marine-related

  2  business;

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

  4         6.  A local fisher;

  5         7.  An affected property owner; and

  6         8.  A representative of the Florida Marine Patrol.

  7

  8  If local and state regulations are established for the same

  9  area, the more restrictive regulation shall prevail.

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

11  of fenders to prevent crushing of manatees between vessels

12  (100' or larger) and bulkheads or wharves in counties where

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

14  counties where evidence indicates that manatees have been

15  crushed between vessels and bulkheads or wharves, the

16  commission shall:

17         1.  Adopt rules pursuant to chapter 120 requiring use

18  of fenders for construction of future bulkheads or wharves;

19  and

20         2.  Implement a plan and time schedule to require

21  retrofitting of existing bulkheads or wharves consistent with

22  port bulkhead or wharf repair or replacement schedules.

23

24  The fenders shall provide sufficient standoff from the

25  bulkhead or wharf under maximum operational compression to

26  ensure that manatees cannot be crushed between the vessel and

27  the bulkhead or wharf.

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

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

30  120 or ordinance pursuant to this subsection, shall be

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

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

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

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

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

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

  6  provided in s. 775.082 or s. 775.083.

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

  8  working in conjunction with the United States Fish and

  9  Wildlife Service, shall develop a measurable biological goal

10  that defines manatee recovery.  This measurable biological

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

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

13  commission and the local rule review committees to evaluate

14  the effectiveness of existing and proposed manatee protection

15  rules and to determine the progress in achieving manatee

16  recovery.

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

18  any person violating the provisions of this subsection or any

19  rule or ordinance adopted pursuant to this subsection shall be

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

21  370.021(1)(a) or (b).

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

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

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

25  2.

26         2.  This paragraph does not apply to persons violating

27  restrictions governing "No Entry" zones or "Motorboat

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

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

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

31

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

  2  paragraph (d).

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

  4  Statutes, is amended to read:

  5         327.41  Uniform waterway regulatory markers.--

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

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

  8  portion of the Florida Intracoastal Waterway within its

  9  jurisdiction or which has adopted a restricted area by

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

11  370.12(2)(q)(o), or any other governmental entity which has

12  legally established a restricted area, may apply to the

13  commission for permission to place regulatory markers within

14  the restricted area.

15         Section 3.  The Legislature intends that the provisions

16  of this act may not be retroactively applied to manatee

17  protection rules existing on the effective date of this act.

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

19  law.

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    Florida House of Representatives - 2002                HB 1473

    581-171B-02






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  2                          HOUSE SUMMARY

  3
      Provides for review by local rule review committees of
  4    draft rules of the Fish and Wildlife Conservation
      Commission proposing to regulate the speed and operation
  5    of motorboats to protect manatees. Provides that written
      reports submitted to the commission by such committees,
  6    and written responses by commission staff, shall be part
      of the rulemaking record. Requires the Department of
  7    Environmental Protection, rather than the commission, to
      adopt certain rules relating to marine facilities to
  8    protect manatees. Requires commission staff to initiate a
      review of all currently existing manatee protection rules
  9    on February 1, 2004, and provides a review schedule.
      Revises circumstances under which the commission is
10    authorized to post and regulate motorboat speeds for
      manatee protection. Revises circumstances under which a
11    local government may regulate motorboat speed and
      operation on waters within its jurisdiction by ordinance.
12    Eliminates provisions requiring creation of local manatee
      protection committees for resolving disputes between the
13    commission and local governments involving such
      ordinances. Requires the commission to develop, by
14    February 15, 2003, a measurable biological goal that
      defines manatee recovery, for evaluating the
15    effectiveness of existing and proposed manatee protection
      rules. Provides legislative intent that the provisions of
16    the act not be retroactively applied to existing manatee
      protection rules.
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