Agenda 02/23/2016 Item #16K 1 2/23/2016 16.K.1 .
EXECUTIVE SUMMARY
Recommendation to revise Resolution No. 2016-31, which created the Local Rule Review
Committee (LRRC) for the purpose of reviewing manatee speed zones as proposed by the
Florida Fish and Wildlife Commission (FWC),in order to include non-voting municipal members.
OBJECTIVE: To conform the Resolution to include non-voting members on the Local Rule
Review Committee (LRRC) to be nominated by Collier County, the City of Naples, the City of
Marco Island, and Everglades City.
CONSIDERATIONS: On February 9, 2016, under agenda item 11A, the Board of County
Commissioners approved Resolution No. 2016-31, which established the Local Rule Review
Committee (LRRC) for the purpose of reviewing manatee speed zones and providing feedback to
the Florida Fish and Wildlife Conservation Commission (FWC). Regarding membership on the
LRRC,the executive summary stated:
Staff recommends that the Board appoint a committee of ten (10)voting members
and four (4) non-voting members that can represent the interests of the entire
County. In keeping with the guidance in section 3 above, staff is further
recommending that each District Commissioner recommend one "waterway user"
and one "manatee advocate" as voting members and each municipality, along
with the County, appoint one nonvoting member. (underlining added)
The resolution attached to agenda item 11A did not contain the underlined provisions above
allowing for non-voting members from the municipalities. To formalize the Board's expressed
intent, it is recommended that the Board revise the Resolution.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote
is needed for Board approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approve a resolution
revising Resolution No. 2016-31 in order to allow for non-voting members to be nominated to
the Local Rule Review Committee by Collier County, the City of Naples, the City of Marco
Island, and Everglades City.
Prepared by: Jeffrey A. Klatzkow, County Attorney
[16-CZM-00195/1238708/1]
Packet Page -1128-
2/23/2016 16.K.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.1.
Item Summary: Recommendation to revise Resolution No. 2016-31 which created the
Local Rule Review Committee (LRRC) for the purpose of reviewing manatee speed zones as
proposed by the Florida Fish and Wildlife Commission (FWC), in order to include non-voting
municipal members.
Meeting Date: 2/23/2016
Prepared By
Name: AllenDebbie
Title: Legal Office Administrator,CAO Office Administration
2/11/2016 5:01:52 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
2/11/2016 5:01:54 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 2/12/2016 2:51:09 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 2/12/2016 4:10:15 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/13/2016 1:22:54 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/16/2016 1:52:48 PM
Packet Page -1129-
2/23/2016 16.K.1 .
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/16/2016 2:06:26 PM
Packet Page -1130-
2/23/2016 16.K.1 .
RESOLUTION NO. 2016 -
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING RESOLUTION NO. 2016-31 WHICH
ESTABLISHED A LOCAL RULE REVIEW COMMITTEE
FOR MANATEE PROTECTION SPEED ZONES, IN ORDER
TO INCLUDE NON-VOTING MUNICIPAL MEMBERS
WHEREAS, the creation of speed zones to regulate vessels in Collier County for
manatee protection is important in protecting the endangered Florida manatee; and
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) is the
primary agency responsible for creation of manatee protection speed zones in Collier County;
and
WHEREAS, the FWC notified Collier County of its intention to consider new or
amended manatee protection rules in Collier County; and
WHEREAS, pursuant to Florida Statute 379.2431(2)(f), proposed rules of the FWC
Commission shall be submitted to the counties in which the proposed rules will take effect for
review by local rule review committees; and
WHEREAS, pursuant to Florida Statute 379.2431(2)(f)8, the local rule review
committee shall have 60 days from receipt of the proposed rule to submit a written report to
FWC Commission members and staff; and
WHEREAS, it is in the public interest and benefit to create such a committee; and
WHEREAS, on February 9, 2016, the Board of County Commissioners (Board)
approved Resolution No. 2016-31, which established said committee; and
WHEREAS, the Board desires to amend Resolution No. 2016-31 to include non-voting
members on the committee to be appointed by the municipalities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section I of Resolution No.
2016-31 is hereby amended as follows:
[16-CZM-00195/1238662/1] 38 Page 1 of 2
Packet Page-1131-
2/23/2016 16.K.1 .
SECTION I. COMPOSITION AND TERMS OF OFFICE
A. APPOINTMENT
The Local Rule Review Committee shall consist of ten (10) voting members and four (4)
non-voting members. As set forth in F.S. 379.2431(2)(f)3,the Committee shall consist of
an identical number of waterway users, and manatee and other environmental advocates.
Each County Commissioner shall nominate two (2) members to the Committee, one
representing waterway user viewpoint and one representing an environmental advocate
viewpoint. Collier County, the City of Naples, the City of Marco Island, and Everglades
City, shall each nominate one (1) non-voting member to the committee. Members shall
serve without compensation.
* * * * * * * * * * * *
This Resolution shall become effective upon its adoption by the Board of County
Commissioners of Collier County.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk DONNA FIALA, Chairman
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
[16-CZM-00195/1238662/1] 38 Page 2 of 2
Packet Page -1132-
2/23/2016 16.K.1 .
L/V/LU"I b "I"I.H.
EXECUTIVE SUMMARY
Recommendation to create a Local Rule Review Committee(LRRC) by resolution for the purpose
of reviewing manatee protection zones as proposed by the Florida Fish and Wildlife Commission
(FWC)and to provide local input to FWC.
OBJECTIVE: To create a Local Rule Review Committee (LRRC) to review the Florida Fish
and Wildlife Conservation Commission (FWC) manatee protection zones and the most current
data provided by FWC and provide comments,recommendations and modifications if warranted.
CONSIDERATIONS: The Florida Fish and Wildlife Conservation Commission (FWC)
approved a Manatee Management Plan(MMP) in December 2007,to provide a state framework
for conserving and managing manatees in Florida. The MMP outlines required actions that will
ensure the manatee's long-term survival. One of the many tasks called for in the MMP is to
review existing manatee protection zones based on the most current data to determine if
modifications are warranted. The manatee protection rule for Collier County was adopted in
1997 and since that time no comprehensive review has been done. New data is now available
and FWC is conducting a preliminary review of the existing manatee protection zones. Based on
their initial review,FWC believes some changes to the Collier County rule may be warranted.
Florida Statute § 379.2431(2)(f) prescribes the steps required for the FWC to adopt or amend
manatee protection boat speed rules. Once official notification is received that FWC has filed a
notice of rule development in the Florida Administrative Register, the County Commission shall
form a Local Rule Review Committee (LRRC) to review the FWC proposal and provide
comments and recommendations to FWC. In anticipation of issuing the official notification, the
FWC has requested that Collier County begin the process of seating a committee.
The composition of the LRRC is governed by Florida statute as follows:
Florida Statute 379.2431(2)()(1-13)
3. The county commission of each county in which a rule to regulate the speed and operation of
motorboats for the protection of manatees is proposed shall designate a rule review
committee. The designated voting membership of the rule review committee must be
comprised of waterway users, such as fishers, boaters, water skiers, other waterway users, as
compared to the number of manatee and other environmental advocates. A county
commission may designate an existing advisory group as the rule review committee. With
regard to each committee,fifty percent of the voting members shall be manatee advocates
and other environmental advocates, and fifty percent of the voting members shall be
waterway users.
Packet Page -1133-
2/23/2016 16.K.1.
L/wLV I D I 1./A.
4. The county shall invite other state,federal, county, municipal, or local agency
representatives to participate as nonvoting members of the local rule review committee.
Staff recommends that the Board appoint a committee of ten (10) voting members and four (4)
non-voting members that can represent the interests of the entire County. In keeping with the
guidance in section 3 above, staff is further recommending that each District Commissioner
recommend one "waterway user" and one "manatee advocate" as voting members and each
municipality, along with the County, appoint one nonvoting member. Per section 4, the County
will invite other state and federal agencies to participate in the review process as well.
This committee will present its recommendations,findings and concerns directly to the FWC and
not report to or through any local government. The FWC is developing a preliminary rule
proposal and expects it to be ready for submittal to the LRRC by the time the committee has
been designated. Once the preliminary rule proposal to the LRRC has been completed, the
LRRC will then have an additional 60 days to review the proposal and submit a response. The
FWC recognizes that this is a cooperative endeavor and will work with county staff and the
LRRC to provide assistance in understanding the data analysis and the basis of FWC's proposal.
It should also be noted that the FWC stresses that there is no predetermined outcome. Working
with the LRRC.may lead to the development of draft rule modifications for the FWC
Commission to consider or may conclude no rule changes are warranted.
FISCAL IMPACT: There will be a nominal advertisement cost of approximately $500
associated with this item. Funding is available in MSTD General Fund 111.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote
is needed for Board approval. -HFAC
RECOMMENDATION: To approve a resolution creating a Local Rule Review Committee
(LRRC) recommended by staff and as requested by the Florida Fish and Wildlife Conservation
Commission (FWC)to review the existing manatee protection zones within Collier County and
provide input to FWC on proposed rules and direct staff to solicit candidates for membership
through the regular advisory board advertising process for subsequent Board appointment.
Prepared By: J. Gary McAlpin,P.E., Coastal Zone Management,Capital Project Planning,
Impact Fees and Program Management Division, Growth Management Department
Attachments:
1) FWC Local Rule Review Committee Initiation Letter
2) Resolution
3) Florida Statute § 379.2431
4) Description of the FWC Manatee Protection Rule Development Process (2015)
Packet Page -1134-
2/23/2016 16.K.1 .
Z/9/2U1 b 11 .A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.A.
Item Summary: Recommendation to create a Local Rule Review Committee (LRRC) by
resolution for the purpose of reviewing manatee protection zones as proposed by the Florida
Fish and Wildlife Commission (FWC) and to provide local input to FWC.
Meeting Date: 2/9/2016
Prepared By
Name:IlambrightGail
Title:Accountant,Coastal Zone Management
1/8/2016 4:28:40 PM
Submitted by
Title:Accountant,Coastal Zone Management
Name: FiambrightGail
1/8/2016 4:28:42 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs,Coastal Zone Management
Date: 1/22/2016 11:30:41 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 1/22/2016 2:40:40 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 1/22/2016 2:40:55 PM
Name: PattersonAmy
Title: Division Director-IF,CPP &PM,Capital Project Planning,Impact Fees and Program
Management
Date: 1/22/2016 5:05:03 PM
Packet Page -1135-
2/23/2016 16.K.1.
ziyiw is I i.r1.
Name:Tara Castillo
Title:Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 1/25/2016 11:13:46 AM
Name: KearnsAllison
Title:Manager-Financial&Operational Sprt,Capital Construction&Maintenance Budget/Fiscal
Date: 1/26/2016 11:30:20 AM
Name:MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 1/26/2016 3:53:19 PM
Name:AshtonHeidi
Title:Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 1/27/2016 1:56:36 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 1/27/2016 3:18:31 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/2/2016 2:11:11 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/3/2016 1:24:31 PM
Packet Page -1136-
2/23/2016 16.K.1.
ZI 3IZU1 b 11.A.
oP4�51lir I,
t m January 21, 2016
O f " a p
V j IN ,y
fi '�
Mr. Gary McAlpin
Collier County Coastal Zone Management
Florida Fish 2800 North Horseshoe Drive
and Wildlife Naples, Florida 34104
Conservation
Commission Dear Mr. McAlpin:
Commissioners RE: Review of State Manatee Protection Zones in Collier County
Brian S.Yablonski
Chairman
Tallahassee As we have discussed with you and other staff from Collier County and the city of
Aliese P."Liesa"Priddy Naples,the Florida Fish and Wildlife Conservation Commission(FWC) is in the
Vice Chairman preliminary stages of reviewing the state manatee protection zones in Collier County, as
lmmokalee called for in the FWC's Manatee Management Plan. The manatee protection rule for
Ronald tLa udd erdale Bergeron
Fort Lauderdale Collier County (68C-22.023,Fla. Admin. Code) was last reviewed and amended in 1997.
Richard Hanes
Oviedo FWC staff has reviewed available data and is in the process of conducting a review of the
Bo Rivard existing zones. Based on our review to date,we believe some changes to the rule may be
Panama City
Charles W.Roberts Ill warranted. As we have discussed, the rule making process requires the FWC to notify the
Tallahassee affected county before formally proposing any new or amended manatee protection zones
Robert A.Spottswood so that the county can form a Local Rule Review Committee(LRRC)to review the
Key West preliminary rule proposal and provide comments and recommendations. Once a county
receives formal notification, the county has 60 days per the statute to form a LRRC.
Executive Staff
Nick Wiley Because Collier County is expected to need more than 60 days notice to identify
Executive Director prospective LRRC members and formally select the LRRC membership,FWC has been
Eric Sutton
Assistant Executive Director asked to provide advance notice to the County prior to sending formal notification that
Jennifer Fitzwater rule making is being considered. This letter is intended to provide the requested advance
Chief of Staff notice. We expect to provide the formal notification in February. We will provide a
preliminary rule proposal and supporting information to the LRRC after it has been
Division of Habitat and established. The LRRC will then have up to 60 days to review the proposal and submit its
Species Conservation report directly to the FWC.
Thomas Eason,Ph.D.
Director
(850)488-3831 If you have any questions or need additional information,please contact me at 850-922-
(850)921-7793 FAX 4330. We look forward to working with you and Collier County as this process continues.
Managing fish and wildlife Sincerely,for their long-term ,
well-being and the benefit
of people.
(") .t " f J y
620 South Meridian Street
Tallahassee,Florida Scott Calleson, Fisheries and Wildlife Biologist
32399-1600 Division of Habitat and Species Conservation
Voice:(850)488-4676 h
Imperiled Species Management Section
Hearing/speech-impaired:
(800)955-8771(T)
(800)955-8770(V)
MyFWC.com
Packet Page -1137-
2/23/2016 16.K.1 .
./Jl .0 I V I I./"A.
RESOLUTION NO.2016-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING A LOCAL RULE REVIEW COMMITTEE
f
FOR MANATEE PROTECTION SPEED ZONES
WHEREAS, the creation of speed zones to regulate vessels in Collier County for
manatee protection is important in protecting the endangered Florida manatee;and,
WHEREAS, the Florida Fish and Wildlife Conservation Commission (FWC) is the
primary agency responsible for creation of manatee protection speed zones in Collier County;
- I
and,
WHEREAS, the FWC notified Collier County of its intention to consider new or
amended manatee protection rules in Collier County; and,
WHEREAS, pursuant to Florida Statute 379.2431(2)(0, proposed rules of the FWC
Commission shall be submitted to the counties in which the proposed rules will take effect for
review by local rule review committees;and,
WHEREAS, pursuant to Florida Statute 379.2431(2)(08, the local rule review
committee shall have 60 days from receipt of the proposed rule to submit a written report to
FWC Commission members and staff;and,
WHEREAS, it is in the public interest and benefit to create such a committee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
A Local Rule Review Committee is hereby created by the Board of County
Commissioners for the sole purpose of reviewing and making recommendations to FWC
pertaining to upcoming rules of FWC governing the speed and operation of motorboats for
purposes of manatee protection in Collier County.
SECTION I. COMPOSITION AND TERMS OF OFFICE
A. APPOINTMENT
The Local Rule Review Committee shall consist of ten (10) members. As set forth in
F.S. 379.2431(2)(03, the Committee shall consist of an identical number of waterway
users, and manatee and other environmental advocates.
[16-CZM-0019511236394/!]30 Page 1 of 4
Packet Page -1138-
2/23/2016 16.K.1.
,/1,t..1 I O I I./- .
Each County Commissioner shall nominate two (2) members to the Committee, one
representing waterway user viewpoint and one representing an environmental advocate
viewpoint. Members shall serve without compensation.
B. TERM OF OFFICE
The Local Rule Review Committee is a standing committee,to serve a one year term.
C. QUALIFICATIONS
Al! members shall meet the general requirements of the Collier County Advisory Board
Ordinance (Ord. 01-55, as amended), with the ability to commit the time necessary to
complete the rule review within the sixty-day time limit specified in statute. Members
must be waterway users, or manatee or other environmental advocates as required by
statute.
D. REMOVAL AND VACANICES
All removal and vacancies shall be governed by the general requirements of the Collier
County Advisory Board Ordinance (Ord. 01-55,as amended).
E. NON-VOTING PARTICIPANTS
Pursuant to F.S. 379.2431(2)(f)4, the County shall invite other state, federal, county,
municipal or other local agency representatives to participate as non-voting members of
the Local Rule Review Committee.
SECTION II OFFICERS. RULES OF PROCEDURES. _MEETINGS. VOTING AND
RECORDS
A. OFFICERS
Pursuant to F.S. 379.2431 (2)(f)6, the Local Rule Review Committee shall elect a
Chairman and a Recording Secretary from its voting members.
1. Chairman — The Chairman shall be responsible for convening and adjourning
meetings as well as observing Robert's Rules of Order during meetings. The
chairman shall also be responsible for designation of meeting times and space, with
the assistance of County Staff.
2. Secretary - The Secretary shall be responsible for review of the minutes as provided
by County staff and recording attendance of committee members and all others at the
meetings.
[ 6-CZMM-Oo195/1236394/I1 30 Page 2 of4
Packet Page -1139-
2/23/2016 16.K.1 .
— — — Z/&TZU'lb ] ].1k.
B. RULES OF PROCEDURES
1. The Local Rule Review Committee shall adopt rules for the transaction of their
business; and shall conduct all meetings pursuant to the provisions of all applicable
Resolutions,and Ordinance provisions of the Board of County Commissioners.
2. Committee members will be subject to the Sunshine Law and public records
requirements. As such, all written materials, including email, will be treated as
public records. Additionally,Committee members may not discuss matters that may
come before their Committee outside of the context of a properly noticed and
convened meeting.
C. MEETINGS,VOTING AND RECORDS
The Local Rule Review Committee shall meet as many times as necessary in order to
produce the desired results prior to the sixty-day time limit placed upon it by Florida
Statute 379.2431 (2)(f)2.
1. All meetings of the Local Rule Review Committee shall be open to the public.
2. County Staff shall record all proceedings of each meeting and distribute copies of the
minutes according to County policy. The elected committee Secretary shall be
responsible for review and approval of the minutes prior to dissemination.
SECTION III. DUTIES AND RESPONSIBILITIES
Pursuant to Florida Statutes 379.2431(2)(f),the Local Rule Review Committee shall have
the following duties and responsibilities:
A. The Committee shall review all upcoming rules of FWC that propose to govern the speed
and operation of motorboats for purposes of manatee protection.
B. The Committee shall have 60 days from the date of receipt of the proposed rule to submit
a written report to commission members and staff. The Committee may use supporting
data supplied by the commission, as well as public testimony which may be collected by
the Committee, to develop the written report. The report may contain recommended
changes to proposed manatee protection zones or speed zones, including a
recommendation that no rule be adopted, if that is the decision of the Committee.
C. In conducting a review of the proposed manatee protection rule, the Committee may
address such factors as whether the best available scientific information supports the
proposed rule, whether seasonal zones are warranted, and such other factors as may be
necessary to balance manatee protection and public access to and use of the waters being
regulated under the proposed rule.
D. The written report submitted by the Committee shall contain a majority opinion. If the
majority opinion is not unanimous,then the minority opinion shall also be included.
[16-CZM-00 1 95/1 236394/I] 30 Page 3 of 4
rPacket Page -1140-
2/23/2016 16.K.1 .
4.1 J1 Gt.1 I%-1 I a-A.
SECTION IV.EFFECTIVE DATE
This Resolution shall become effective upon its adoption by the Board of County
Commissioners of Collier County.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of ,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By: By:
Deputy Clerk DONNA FIALA,Chairman
Approved as to form and legality:
th\
Heidi Ashton-Cicko
Managing Assistant County Attorney
[16-C/M-00195,1236394/11 30 Page 4(31'4
1 cn
Packet Page -1141-
2/23/2016 16.K.1.
379.2431 (2013) Marine animals; regulation.--
.
(1) PROTECTION OF MARINE TURTLES.—(not shown)
(2) PROTECTION OF MANATEES OR SEA COWS.--
;
(a) This subsection shall be known and may be cited as the "Florida Manatee Sanctuary Act."
(b) The State of Florida is hereby declared to be a refuge and sanctuary for the manatee, the "Florida state
marine mammal."The protections extended to and authorized on behalf of the manatee by this act are
independent of, and therefore are not contingent upon, its status as a state or federal listed species.
(c) Whenever the Fish and Wildlife Conservation Commission is satisfied that the interest of science will be
subserved, and that the application for a permit to possess a manatee or sea cow (Trichechus manatus) is
for a scientific or propagational purpose and should be granted, and after concurrence by the United States
Department of the Interior, the commission may grant to any person making such application a special
permit to possess a manatee or sea cow, which permit shall specify the exact number which shall be
maintained in captivity.
(d) Except as may be authorized by the terms of a valid state permit issued pursuant to paragraph (c) or
by the terms of a valid federal permit, it is unlawful for any person at any time, by any means, or in any
manner intentionally or negligently to annoy, molest, harass, or disturb or attempt to molest, harass, or
disturb any manatee; injure or harm or attempt to injure or harm any manatee; capture or collect or
attempt to capture or collect any manatee; pursue, hunt, wound, or kill or attempt to pursue, hunt, wound,
or kill any manatee; or possess, literally or constructively, any manatee or any part of any manatee.
(e) Any gun, net, trap, spear, harpoon, boat of any kind, aircraft, automobile of any kind, other motorized
vehicle, chemical, explosive, electrical equipment, scuba or other subaquatic gear, or other instrument,
device, or apparatus of any kind or description used in violation of any provision of paragraph (d) may be s'""`
forfeited upon conviction. The foregoing provisions relating to seizure and forfeiture of vehicles, vessels,
equipment, or supplies do not apply when such vehicles, vessels, equipment, or supplies are owned by, or
titled in the name of, innocent parties; and such provisions shall not vitiate any valid lien, retain title
contract, or chattel mortgage on such vehicles, vessels, equipment, or supplies if such lien, retain title
contract, or chattel mortgage is property of public record at the time of the seizure.
(f)1. Except for emergency rules adopted under s. 120.54, all proposed rules of the commission for which a
notice of intended agency action is filed proposing to govern the speed and operation of motorboats for
purposes of manatee protection shall be submitted to the counties in which the proposed rules will take
effect for review by local rule review committees.
2. No less than 60 days prior to filing a notice of ruEe development in the Florida Administrative Register, as
provided in s. 120.54(3)(a), the commission shall notify the counties for which a rule to regulate the speed
and operation of motorboats for the protection of manatees is proposed. A county so notified shall establish
a rule review committee or several counties may combine rule review committees.
3. The county commission of each county in which a rule to regulate the speed and operation of motorboats
for the protection of manatees is proposed shall designate a rule review committee. The designated voting
membership of the rule review committee must be comprised of waterway users, such as fishers, boaters,
water skiers, other waterway users, as compared to the number of manatee and other environmental
advocates. A county commission may designate an existing advisory group as the rule review committee.
With regard to each committee, fifty percent of the voting members shall be manatee advocates and other
environmental advocates, and fifty percent of the voting members shall be waterway users.
4. The county shall invite other state, federal, county, municipal, or local agency representatives to
participate as nonvoting members of the local rule review committee.
5. The county shall provide logistical and administrative staff support to the local rule review committee
and may request technical assistance from commission staff.
n-.,.,, l cn
Packet Page -1142-
2/23/2016 16.K.1.
G1 J/Gu 1 V 1 I.r t..
6. Each local rule review committee shall elect a chair and recording secretary from among its voting
members.
7. Commission staff shall submit the proposed rule and supporting data used to develop the rule to the
local rule review committees.
8. The local rule review committees shall have 60 days from the date of receipt of the proposed rule to
submit a written report to commission members and staff.The local rule review committees may use
supporting data supplied by the commission, as well as public testimony which may be collected by the
committee, to develop the written report. The report may contain recommended changes to proposed
manatee protection zones or speed zones, including a recommendation that no rule be adopted, if that is the
decision of the committee.
9. Prior to filing a notice of proposed rulemaking in the Florida Administrative Register as provided in s.
120.54(3)(a), the commission staff shall provide a written response to the local rule review committee
reports to the appropriate counties, to the commission members, and to the public upon request.
10. In conducting a review of the proposed manatee protection rule, the local rule review committees may
address such factors as whether the best available scientific information supports the proposed rule, whether
seasonal zones are warranted, and such other factors as may be necessary to balance manatee protection
and public access to and use of the waters being regulated under the proposed rule.
11. The written reports submitted by the local rule review committees shall contain a majority opinion. If
the majority opinion is not unanimous, a minority opinion shall also be included.
12. The members of the commission shall fully consider any timely submitted written report submitted by a
local rule review committee prior to authorizing commission staff to move forward with proposed rulemaking
and shall fully consider any timely submitted subsequent reports of the committee prior to adoption of a final
rule. The written reports of the local rule review committees and the written responses of the commission
staff shall be part of the rulemaking record and may be submitted as evidence regarding the committee's
recommendations in any proceeding relating to a rule proposed or adopted pursuant to this subsection.
13. The commission is relieved of any obligations regarding the local rule review committee process created
in this paragraph if a timely noticed county commission fails to timely designate the required rule review
committee.
(g) In order to protect manatees or sea cows from harmful collisions with motorboats or from harassment,
the Fish and Wildlife Conservation Commission is authorized, in addition to all other authority, to provide a
permitting agency with comments regarding the expansion of existing, or the construction of new, marine
facilities and mooring or docking slips, by the addition or construction of five or more powerboat slips. The
commission shall adopt rules under chapter 120 regulating the operation and speed of motorboat traffic only
where manatee sightings are frequent and the best available scientific information, as well as other
available, relevant, and reliable information, which may include but is not limited to, manatee surveys,
observations, available studies of food sources, and water depths, supports the conclusions that manatees
inhabit these areas on a regular basis:
1. In Lee County: the entire Orange River, including the Tice Florida Power and Light Corporation discharge
canal and adjoining waters of the Caloosahatchee River within 1 mile of the confluence of the Orange and
Caloosahatchee Rivers.
2. In Brevard County: those portions of the Indian River within three-fourths of a mile of the Orlando
Utilities Commission Delespine power plant effluent and the Florida Power and Light Frontenac power plant
effluents.
3. In Indian River County: the discharge canals of the Vero Beach Municipal Power Plant and connecting
waters within 11/4 miles thereof.
4. In St. Lucie County: the discharge of the Henry D. King Municipal Electric Station and connecting waters
within 1 mile thereof.
2
n...-.I. r 1
Packet Page -1143-
2/23/2016 16.K.1.
G/ /4U I t7 I I .H.
5. In Palm Beach County: the discharges of the Florida Power and Light Riviera Beach power plant and
connecting waters within 11/2 miles thereof. ^~^
6. In Broward County: the discharge canal of the Florida Power and Light Port Everglades power plant and
connecting waters within 11/2 miles thereof and the discharge canal of the Florida Power and Light Fort
Lauderdale power plant and connecting waters within 2 miles thereof. For purposes of ensuring the physical
safety of boaters in a sometimes turbulent area, the area from the easternmost edge of the authorized
navigation project of the Intracoastal waterway east through the Port Everglades Inlet is excluded from this
regulatory zone.
7. In Citrus County: headwaters of the Crystal River, commonly referred to as King's Bay, and the
Homosassa River.
8. In Volusia County: Blue Springs Run and connecting waters of the St. Johns River within 1 mile of the
confluence of Blue Springs and the St. Johns River; and Thompson Creek, Strickland Creek, Dodson Creek,
and the Tomoka River.
9. In Hillsborough County: that portion of the Alafia River from the main shipping channel in Tampa Bay to
U.S. Highway 41.
10. In Sarasota County: the Venice Inlet and connecting waters within 1 mile thereof, including Lyons Bay,
Donna Bay, Roberts Bay, and Hatchett Creek, excluding the waters of the intracoastal waterway and the
right-of-way bordering the centerline of the intracoastal waterway.
11. In Collier County: within the Port of Islands, within section 9, township 52 south, range 28 east, and
certain unsurveyed lands, all east-west canals and the north-south canals to the southerly extent of the
intersecting east-west canals which lie southerly of the centerline of U.S. Highway 41.
12. In Manatee County: that portion of the Manatee River east of the west line of section 17, range 19
east, township 34 south; the Braden River south of the north line and east of the west line of section 29,
range 18 east, township 34 south; Terra Ceia Bay and River, east of the west line of sections 26 and 35 of
range 17 east, township 33 south, and east of the west line of section 2, range 17 east, township 34 south;
and Bishop Harbor east of the west line of section 13, range 17 east, township 33 south.
13. In Miami-Dade County: those portions of Black Creek lying south and east of the water control dam,
including all boat basins and connecting canals within 1 mile of the dam.
(h) The Fish and Wildlife Conservation Commission shall adopt rules pursuant to chapter 120 regulating the
operation and speed of motorboat traffic only where manatee sightings are frequent and the best available
scientific information, as well as other available, relevant, and reliable information, which may include but is
not limited to, manatee surveys, observations, available studies of food sources, and water depths, supports
the conclusion that manatees inhabit these areas on a regular basis within that portion of the Indian River
between the St. Lucie Inlet in Martin County and the Jupiter Inlet in Palm Beach County and within the
Loxahatchee River in Palm Beach and Martin Counties, including the north and southwest forks thereof.
(i) The commission shall adopt rules pursuant to chapter 120 regulating the operation and speed of
motorboat traffic only where manatee sightings are frequent and the best available scientific information, as
well as other available, relevant, and reliable information, which may include but is not limited to, manatee
surveys, observations, available studies of food sources, and water depths, supports the conclusion that
manatees inhabit these areas on a regular basis within the Withlacoochee River and its tributaries in Citrus
and Levy Counties. The specific areas to be regulated include the Withlacoochee River and the U.S. 19
bridge westward to a line between U.S. Coast Guard markers number 33 and number 34 at the mouth of the
river, including all side channels and coves along that portion of the river; Bennets' Creek from its beginning
to its confluence with the Withlacoochee River; Bird's Creek from its beginning to its confluence with the
Withlacoochee River; and the two dredged canal systems on the north side of the Withlacoochee River
southwest of Yankeetown.
(j) If any new power plant is constructed or other source of warm water discharge is discovered within the
state which attracts a concentration of manatees or sea cows, the commission is directed to adopt rules
pursuant to chapter 120 regulating the operation and speed of motorboat traffic within the area of such
3
Packet Page -1144-
2/23/2016 16.K.1 .
L/ i/zU"I b "1 1.H.
discharge. Such rules shall designate a zone which is sufficient in size, and which shall remain in effect for a
sufficient period of time, to protect the manatees or sea cows.
(k) It is the intent of the Legislature to allow the Fish and Wildlife Conservation Commission to post and
regulate boat speeds only where the best available scientific information, as well as other available, relevant,
and reliable information, which may include but is not limited to, manatee surveys, observations, available
studies of food sources, and water depth, supports the conclusion that manatees inhabit these areas on a
periodic basis. It is not the intent of the Legislature to permit the commission to post and regulate boat
speeds generally throughout the waters of the state, thereby unduly interfering with the rights of fishers,
boaters, and water skiers using the areas for recreational and commercial purposes. The Legislature further
intends that the commission may identify and designate limited lanes or corridors providing for reasonable
motorboat speeds within waters of the state whenever such lanes and corridors are consistent with manatee
protection.
(I) The commission shall adopt rules pursuant to chapter 120 regulating the operation and speed of
motorboat traffic all year around within Turkey Creek and its tributaries and within Manatee Cove in Brevard
County. The specific areas to be regulated consist of:
1. A body of water which starts at Melbourne-Tillman Drainage District structure MS-1, section 35,
township 28 south, range 37 east, running east to include all natural waters and tributaries of Turkey Creek,
section 26, township 28 south, range 37 east, to the confluence of Turkey Creek and the Indian River,
section 24, township 28 south, range 37 east, including all lagoon waters of the Indian River bordered on the
west by Palm Bay Point, the north by Castaway Point, the east by the four immediate spoil islands, and the
south by Cape Malabar, thence northward along the shoreline of the Indian River to Palm Bay Point.
2. A triangle-shaped body of water forming a cove (commonly referred to as Manatee Cove) on the east
side of the Banana River, with northern boundaries beginning and running parallel to the east-west cement
bulkhead located 870 feet south of SR 520 Relief Bridge in Cocoa Beach and with western boundaries
running in line with the City of Cocoa Beach channel markers 121 and 127 and all waters east of these
boundaries in section 34, township 24 south, range 37 east; the center coordinates of this cove are
28°20'14" north, 80°35'17" west.
(m) The commission shall promulgate regulations pursuant to chapter 120 relating to the operation and
speed of motor boat traffic in port waters with due regard to the safety requirements of such traffic and the
navigational hazards related to the movement of commercial vessels.
(n) The commission may designate by rule adopted pursuant to chapter 120 other portions of state waters
where manatees are frequently sighted and the best available scientific information, as well as other
available, relevant, and reliable information, which may include but is not limited to, manatee surveys,
observations, available studies of food sources, and water depths, supports the conclusion that manatees
inhabit such waters periodically. Upon designation of such waters, the commission shall adopt rules pursuant
to chapter 120 to regulate motorboat speed and operation which are necessary to protect manatees from
harmful collisions with motorboats and from harassment. The commission may adopt rules pursuant to
chapter 120 to protect manatee habitat, such as seagrass beds, within such waters from destruction by
boats or other human activity. Such rules shall not protect noxious aquatic plants subject to control under s.
369.20.
(o) The commission may designate, by rule adopted pursuant to chapter 120, limited areas as a safe haven
for manatees to rest, feed, reproduce, give birth, or nurse undisturbed by human activity. Access by motor
boat to private residences, boat houses, and boat docks through these areas by residents, and their
authorized guests, who must cross one of these areas to have water access to their property is permitted
when the motorboat is operated at idle speed, no wake.
(p) Except in the marked navigation channel of the Florida Intracoastal Waterway as defined in s. 327.02
and the area within 100 feet of such channel, a local government may regulate, by ordinance, motorboat
speed and operation on waters within its jurisdiction where the best available scientific information, as well
as other available, relevant, and reliable information, which may include but is not limited to, manatee
surveys, observations, available studies of food sources, and water depths, supports the conclusion that
manatees inhabit these areas on a regular basis. However, such an ordinance may not take effect until it has
been reviewed and approved by the commission. If the commission and a local government disagree on the
4
Packet Page -1145-
2/23/2016 16.K.1 .
Li /LU-I 0 1 '1.1-k.
provisions of an ordinance, a local manatee protection committee must be formed to review the technical
data of the commission and the United States Fish and Wildlife Service, and to resolve conflicts regarding the
ordinance.The manatee protection committee must be comprised of:
1. A representative of the commission;
2. A representative of the county;
3. A representative of the United States Fish and Wildlife Service;
4. A representative of a local marine-related business;
5. A representative of the Save the Manatee Club;
6. A local fisher;
7. An affected property owner; and
8. A representative of the Florida Marine Patrol.
If local and state regulations are established for the same area, the more restrictive regulation shall prevail.
(q) The commission shall evaluate the need for use of fenders to prevent crushing of manatees between
vessels (100' or larger) and bulkheads or wharves in counties where manatees have been crushed by such
vessels. For areas in counties where evidence indicates that manatees have been crushed between vessels
and bulkheads or wharves, the commission shall:
1. Adopt rules pursuant to chapter 120 requiring use of fenders for construction of future bulkheads or
wharves; and
2. Implement a plan and time schedule to require retrofitting of existing bulkheads or wharves consistent
with port bulkhead or wharf repair or replacement schedules.
The fenders shall provide sufficient standoff from the bulkhead or wharf under maximum operational
compression to ensure that manatees cannot be crushed between the vessel and the bulkhead or wharf.
(r) Any violation of a restricted area established by this subsection, or established by rule pursuant to
chapter 120 or ordinance pursuant to this subsection, shall be considered a violation of the boating laws of
this state and shall be charged on a uniform boating citation as provided in s. 327.74, except as otherwise
provided in paragraph (s). Any person who refuses to post a bond or accept and sign a uniform boating
citation shall, as provided in s. 327.73(3), be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(s) Except as otherwise provided in this paragraph, any person violating the provisions of this subsection or
any rule or ordinance adopted pursuant to this subsection commits a misdemeanor, punishable as provided
in s. 379.407(1)(a) or(b),
1. Any person operating a vessel in excess of a posted speed limit shall be guilty of a civil infraction,
punishable as provided in s. 327.73, except as provided in subparagraph 2.
2. This paragraph does not apply to persons violating restrictions governing "No Entry"zones or"Motorboat
Prohibited"zones, who, if convicted, shall be guilty of a misdemeanor, punishable as provided in s.
379.407(1)(a) or(b), or, if such violation demonstrates blatant or willful action, may be found guilty of
harassment as described in paragraph (d).
3. A person may engage in any activity otherwise prohibited by this subsection or any rule or ordinance
adopted pursuant to this subsection if the activity is reasonably necessary in order to prevent the loss of
human life or a vessel in distress due to weather conditions or other reasonably unforeseen circumstances,
or in order to render emergency assistance to persons or a vessel in distress.
(t)1. In order to protect manatees and manatee habitat, the counties identified in the Governor and
Cabinet's October 1989 Policy Directive shall develop manatee protection plans consistent with commission
criteria based upon "Schedule K"of the directive, and shall submit such protection plans for review and
approval by the commission. Any manatee protection plans not submitted by July 1, 2004, and any plans not
subsequently approved by the commission shall be addressed pursuant to subparagraph 2.
5
Packet Page -1146-
2/23/2016 16.K.1 .
£ IiI. UIn I I .H.
2. No later than January 1, 2005, the Fish and Wildlife Conservation Commission shall designate any county
it has identified as a substantial risk county for manatee mortality as a county that must complete a
manatee protection plan by July 1, 2006. The commission is authorized to adopt rules pursuant to s. 120.54
for identifying substantial risk counties and establishing criteria for approval of manatee protection plans for
counties so identified. Manatee protection plans shall include the following elements at a minimum:
education about manatees and manatee habitat; boater education; an assessment of the need for new or
revised manatee protection speed zones; local law enforcement; and a boat facility siting plan to address
expansion of existing and the development of new marinas, boat ramps, and other multislip boating
facilities.
3. Counties required to adopt manatee protection plans under this paragraph shall incorporate the boating
facility siting element of those protection plans within their respective comprehensive plans.
4. Counties that have already adopted approved manatee protection plans, or that adopt subsequently
approved manatee protection plans by the effective date of this act, are in compliance with the provisions of
this paragraph so long as they incorporate their approved boat facility siting plan into the appropriate
element of their local comprehensive plan no later than July 1, 2003.
(u)1. Existing state manatee protection rules shall be given great weight in determining whether additional
rules are necessary in a region where the measurable goals developed pursuant to s. 379.2291 have been
achieved. However, the commission may amend existing rules or adopt new rules to address risks or
circumstances in a particular area or waterbody to protect manatees.
2. As used in this paragraph, the term"region" means one of the four geographic areas defined by the
United States Fish and Wildlife Service in the Florida Manatee Recovery Plan, 3rd revision (October 30,
2001).
(3) PROTECTION OF MAMMALIAN DOLPHINS (PORPOISES).--It is unlawful to catch, attempt to catch,
molest, injure, kill, or annoy, or otherwise interfere with the normal activity and well-being of, mammalian
dolphins (porpoises), except as may be authorized by a federal permit.
(4) ANNUAL FUNDING OF PROGRAMS FOR MARINE ANIMALS.—
(a) Each fiscal year the Save the Manatee Trust Fund shall be available to fund an impartial scientific
benchmark census of the manatee population in the state. Weather permitting, the study shall be conducted
annually by the Fish and Wildlife Conservation Commission and the results shall be made available to the
President of the Senate, the Speaker of the House of Representatives, and the Governor and Cabinet for use
in the evaluation and development of manatee protection measures. In addition, the Save the Manatee Trust
Fund shall be available for annual funding of activities of public and private organizations and those of the
commission intended to provide manatee and marine mammal protection and recovery effort; manufacture
and erection of informational and regulatory signs; production, publication, and distribution of educational
materials; participation in manatee and marine mammal research programs, including carcass salvage and
other programs; programs intended to assist the recovery of the manatee as an endangered species, assist
the recovery of the endangered or threatened marine mammals, and prevent the endangerment of other
species of marine mammals; and other similar programs intended to protect and enhance the recovery of
the manatee and other species of marine mammals.
(b) By December 1 each year, the Fish and Wildlife Conservation Commission shall provide the President of
the Senate and the Speaker of the House of Representatives a written report, enumerating the amounts and
purposes for which all proceeds in the Save the Manatee Trust Fund for the previous fiscal year are
expended, in a manner consistent with those recovery tasks enumerated within the manatee recovery plan
as required by the Endangered Species Act.
(c) When the federal and state governments remove the manatee from status as an endangered or
threatened species, the annual allocation may be reduced.
(d) Up to 10 percent of the annual use fee deposited in the Save the Manatee Trust Fund from the sale of
the manatee license plate authorized in s. 320.08058 may be used to promote and market the license plate
issued by the Department of Highway Safety and Motor Vehicles after June 30, 2007
6
Packet Page -1147-
2/23/2016 16.K.1 .
L/ /LU1 b 11.A.
History.-s. 2,ch. 28145, 1953; ss. 1,2,ch. 57-771; s. 1,ch.59-483; s. 1,ch.67-2198; ss. 25,35,ch. 69-106; s. 1, ch. 70-
48; s. 1,ch. 70-357;s. 1,ch. 71-120;s. 289,ch.71-136; ss. 1, 1A,ch.71-145; s. 1,ch.74-20; s. 1,ch.77-174; s. 1,ch. 78-
252; s. 79,ch. 79-164; s. 6,ch.81-228; ss. 1,2,ch. 82-170; s. 1,ch. 83-81; s.68,ch.84-338; s. 10,ch. 85-234; s. 7,ch. 89-
168; s. 1,ch. 89-314; s. 5,ch.90-219; s. 3,ch.91-199; s.2,ch.91-215; s. 1,ch.93-83;s. 1,ch.93-254; s. 226,ch. 94-356;
s. 991,ch. 95-148; s. 1,ch.95-248; s. 31,ch. 96-321; s.3,ch.97-272;s. 2,ch. 98-200; ss. 7, 17,ch.98-227; s. 154,ch. 99-
13; s.45, ch. 99-245; s. 35,ch.99-289; s.2,ch. 2000-153;s. 36,ch. 2000-197; s. 5,ch. 2001-62; s. 16,ch. 2002-264; s. 1,
ch. 2003-59; s. 3,ch. 2003-111; s. 1,ch. 2003-156; s. 1,ch. 2004-343; s.7,ch.2007-223; s. 73,ch. 2008-247; s. 192,ch.
2010-102; s. 38, ch.2013-14.
Note.-Former s. 370.12.
(
7
Packet Page -1148-
2/23/2016 16.K.1 .
4/V/ 1 V I I.h.
Description of the FWC Manatee Protection Rule Development Process(2015)
The Florida Fish and Wildlife Conservation Commission(FWC)is required to follow the requirements of
Chapter 120,Florida Statutes(FS),when performing rule making for manatee protection purposes. The Manatee
Sanctuary Act(§379.2431(2),FS)requires several steps in addition to the Chapter 120 process.Rules 68C-
22.001 and 68C-22.002,Florida Administrative Code(FAC),provide additional requirements and guidance.
The basic steps in the process are described below.
Step 1: Identify the need to consider rule making
The request or direction to consider rule making can come from a wide variety of sources.Parties external
to FWC, including organizations and individuals,can informally request rule making or formally petition
the FWC under 120.54,FS.Rule making can be required by the legislature or the judiciary(courts or
DOAH).The FWC Commissioners can direct staff to begin the process,and staff also can identify the need
to consider rule making and seek approval to proceed.
Step 2: Assimilate/Compile data and assess the need for rule making
Staff determines what data are available and coordinates with other individuals(both internal and external)
to compile data and make an initial assessment of the need to proceed further.This step can include formal
or informal meetings with the general public,stakeholders,and/or local governments. If the FWC
determines the available data do not support the need to consider rule making,the process stops here and
the party that requested rule making is notified.This step,which can include development of preliminary
rule concepts for consideration, can take anywhere from several weeks to six months or more to complete.
Step 3: Notify the affected county government that a rule is being considered
Before the FWC can propose a manatee protection rule that would regulate the speed and operation of
motorboats,FWC is required to notify the affected county(or counties).The county then has 60 days to
form a local rule review committee(LRRC).The make-up of the LRRC and its charge are governed by
§379.2431(2)(f),FS.
Step 4: Publish a Notice of Rule Development(NORD)
The Chapter 120 process requires FWC to publish a NORD in the Florida Administrative Register(FAR)
before formally proposing to adopt or amend a rule through publication of a Notice of Proposed Rule.A
NORD does not have to be published before the LRRC process can begin; it can be published any time
after Step 3 (plus 60 days)and before Step 8(publication of a Notice of Proposed Rule).
NOTE:The FWC may hold rule development workshops;however,workshops are optional.Workshops
must be noticed in the FAR at least 14 days before being held. In most cases,no workshops are held as part
of this step because input can be received as part of Step 2 and the LRRC process also is open to the public.
Step 5: Submit proposed rule and supporting data to LRRC
The FWC is required to submit the proposed rule and supporting data to the LRRC.The LRRC then has 60
days to review the proposed rule and submit a written report to the FWC.The LRRC report must contain a
majority opinion and may endorse the proposed rule or recommend changes. For any recommendations that
are not unanimous,the LRRC report must also contain the minority opinion(s).
Packet Page -1149-
2/23/2016 16.K.1 .
G/,v/GV I V I I.t1.
Description of the Manatee Protection Rule Development Process(2015) Page 2
Step 6: Review LRRC report and prepare staff response
staff is required to review the LRRC report(including minority opinions if applicable)and provide a
written response to the county and the FWC Commissioners.This step can require anywhere from two
weeks to several months to complete,depending on the size and complexity of the LRRC report.
Step 7: Obtain authorization to publish a Notice of Proposed Rule
FWC staff prepares a rule proposal and provides it to the FWC Commissioners for consideration,along
with the LRRC report and the staff response to the report.The Commissioners are required to fully
consider the LRRC report before authorizing publication of a Notice of Proposed Rule.The Commissioners
make the decision to authorize publication of a proposal at a publicly noticed meeting.This typically occurs
at one of the five regularly scheduled FWC meetings that are held each year.If the Commissioners do not
authorize rule making,the process stops here and the party that requested rule making is notified.
Step 8: Publish a Notice of Proposed Rule
Publication of this notice in the FAR begins the formal commenting period on the proposed rule.The
notice must be published in the FAR at least 28 days before the rule is filed for adoption. FWC staff sends
the notice(by mail or e-mail)to all parties who previously requested to be notified and also posts the notice
and other information on the FWC website.
Step 9: Accept public comments and conduct one or more public hearings
A public hearing must be held if requested within 21 days after publication of the Notice of Proposed Rule.
Final decisions on manatee protection rules are always made by the FWC Commissioners at a publicly
meeting,so at least one public hearing is always held,even if one is not requested.FWC staff
typically conducts an initial public hearing in the affected area within a month after the Notice of Proposed
Rule is published.The final public hearing is held by the FWC Commissioners,typically at one of the five
regularly scheduled FWC meetings that are held each year.The comment period lasts for 21 days after
publication of the notice or through the date of the final public hearing,whichever is longer.As a result,the
formal comment period is often open between two and four months.
Step 10: Review public comments and prepare final staff recommendations
FWC staff reviews comments received during the public comment period and then develops final staff
recommendations for consideration by the FWC Commissioners.
Step 11: Obtain authorization to adopt rule
The FWC Commissioners decide whether to approve a proposed rule(with or without changes)at the final
public hearing(see Step 9).
Step 12: Publish a Notice of Change(NOC)
If the FWC Commissioners approve a proposed rule with substantive changes,a NOC must be published in
the FAR at least 21 days before the rule can be filed for adoption.FWC staff sends the notice(by mail or e-
mail)to all parties who previously requested to be notified and also posts the notice on the FWC website.
Publication of a NOC extends the time available to file the rule for adoption to 45 days after publication.
NOTE: If no changes or only technical changes are made,no NOC is needed but JAPC must be notified in
writing at least 7 days before the rule is filed for adoption.
n...,.,. a co
Packet Page -1150-
2/23/2016 16.K.1.
L/J/LU t0 I I.fi.
Description of the Manatee Protection Rule Development Process(2015) Page 3
Step 13: File the rule for adoption
Rules are considered"adopted"when they are filed with the Dept.of State and generally take effect 20
days after adoption.Rules may be filed for adoption no less than 28 days or more than 90 days after the
Notice of Proposed Rule is published in the FAR,unless one or more events occur that extend the 90-day
limit. See§120.54,FS,for events that extend the limit. Under no circumstances does an agency have less
than 90 days to file a rule for adoption.
NOTE:Zones become enforceable when regulatory markers are posted to notify boaters and others about
the zone boundaries.Posting of zones can take anywhere from a few months to over a year to complete,
depending on the scope and complexity of the zones. If areas for which the FWC adopts regulations are
also regulated by other governments and/or for other purposes besides manatee protection,the most
restrictive regulation applies and is what is posted.
Other Rule Making Issues:
Statement of Estimated Regulatory Costs(SERC)
In addition to the general process described above,the FWC may also need to prepare a SERC in
association with a proposed rule. See§120.54(3)and §120.541,FS,for SERC requirements. Depending on
the complexity of the SERC and the types and amounts of information that need to be collected, anywhere
from a week or two to multiple months may be required to prepare a SERC.
The FWC will often prepare a SERC even if one is not required,with the bulk of the work occurring after
the content of the proposed rule has been determined(i.e.,after Step 7 through Step 11).If a substantially
affected person submits a lower cost regulatory alternative(LCRA)within 21 days after the Notice of
Proposed Rule is published(Step 8),the FWC must prepare a SERC.The FWC must either adopt the
LCRA or give a statement of the reasons for rejecting the LCRA in favor of the proposed rule. The SERC
or revised SERC must be made available to persons who submit a LCRA and to the public at least 21 days
prior to filing the rule for adoption.
Adoption of Federal Standards:
Agencies may adopt rules substantively identical to regulations adopted pursuant to federal law using a
separate process from the one described above.A notice of intent must be provided to JAPC and published
in the FAR at least 21 days before filing the rule for adoption.The agency must consider any written
comments received within 14 days after publication of the notice of intent. If any substantive changes are
made to the rule,a new notice of intent must be published in the FAR.
The information provided above is only a summary of the basic rule making process.There are exceptions and
alternatives to some of these steps.Chapter 120 and§379.2431(2),FS, should be consulted for a complete
description of the required process.Also see Chapter 1-1,FAC, (for requirements related to publishing in the
FAR and filing rules for adoption)and 28-102 and 28-103,FAC,(for processes required by the Uniform Rules
of Procedure).
Packet Page -1151-