County & Municipal Laws
This section provides a comprehensive review of county ordinances and manatee protection plans as of the Fall of 2004.
As a general matter, cities and counties have civil and criminal jurisdiction over property within their political boundaries, including water overlying state lands, and may exercise their police powers to regulate and restrict activities in a manner consistent with the police power.1 Further, Chapter 327, Fla. Stat. confers seemingly broad authority on local governments to regulate the operation of vessels,2 while at the same time expressly preempting local governments from regulating anchoring by vessels “engaged in the exercise of the rights of navigation.”3 Additionally, specific statutory mandates such as the one detailing the creation of Manatee Protection Plans give local governments authority to regulate waterways.4
In addition to home rule authority and specific statutory authority, local governments are required to develop comprehensive plans which must include elements addressing, inter alia, conservation and coastal zone management.5 More detailed requirements are included in Florida Administrative Rule 9-J-5, which includes abundant authority to protect wildlife and wildlife habitat, including manatees.6 Even so, regulation of specific species – including manatees - as opposed to their habitat, may infringe on the constitutionally conferred authority of the Florida Fish and Wildlife Commission.7
Per directive of the Governor and cabinet, thirteen counties (Dade, Duval, Collier, Citrus, Brevard, Broward, Martin, Lee, Indian River, Palm Beach, St. Lucie, Sarasota and Volusia) are designated as priority protection counties for the state and West Indian Manatee.8 This requirement was subsequently enacted into law.9 Designated Counties are required to create a Manatee Protection Plan.10 The Manatee Protection Plan is a planning document to help alleviate the harmful impact of human activity and development on the Manatee.11 The Manatee Protection Plans should relate:
- An inventory of Boat Facilities
- An assessment of boating activity patterns
- Manatee signings and mortality information,
- a boat facility siting plan –
- Manatee protection measures
- information on aquatic preserves, outstanding Florida waters, ports, Manatee refuges, etc. within the county
- an education and awareness program for the public and boaters, divers, and school children, and
- A water quality and habitat protection program (including land acquisition, and aquatic plant control plans for Manatee areas).12
The FWC wants the MPPs to become part of the County’s comprehensive plan. Likewise, the counties are required to adopt plans to “incorporate the boating facility siting element” of the Manatee protection plans into their respective comprehensive plans.13
< TO-DO: Convert the data below into a clickable map. Clicking on a county will produce the laws for that county and any municipal regulations in said county. RS or CS of UF to provide map for this purpose. >
Brevard County
Brevard County adopted a Manatee Protection Plan in January 2003 and it was approved by the FWC in February 2003.14 Brevard County has an Idle Speed Zone Ordinance that regulates certain waterways such as the Grand Canal, the Sykes Creek, waters near the Indian River Isles Subdivisions and other waters.15 The ordinance makes it unlawful to negligently or intentionally harm a Manatee.16 The ordinance fines violators $35.00 as a civil penalty. Brevard County also prohibits marinas to be sited in Manatee sanctuaries or protection zones.17 The State Comprehensive Speed Zones and Signs were posted in a substantial area in July 1991 and February 2003.
Broward County
Broward County is currently working on its Manatee Protection Plan.18 Broward County prohibits diving and swimming in Manatee sanctuary areas within the Port Everglades jurisdictional areas.19 Penalties for violating the prohibition on swimming and diving in Manatee Sanctuary Areas include fines of up to $500.00 and jail time.20 Furthermore, the county shall consider the proximity of Manatees to proposed marina locations when making zoning decisions.21 The State Comprehensive Speed Zones and Signs were posted in a substantial area in October 1994.
Charlotte County
Charlotte County is not required to prepare a Manatee Protection Plan. Charlotte County has a permitting standard that prefers existing marinas to expand with deep water access rather than impact Manatee grass beds and congregation areas.22
Citrus County
Citrus County is a primarily rural county that depends on the Manatee for eco-tourism dollars. As a result, they have been at the forefront of the local effort to protect the Manatee. The FWC approved the first Citrus County Manatee Protection Plan in 1991 and the Citrus County Manatee Protection Plan was updated in 1997. Citrus County has just permitted a new boat ramp on the Cross Florida Barge Canal that it originally said was not in accordance with its Manatee Protection Plan.23 The Canal is not viewed as essential Manatee habitat. Citrus County’s Vessel Control and Water Safety Ordinance “promote[s] safety in and between boating, swimming and other water related activities in the county; to effect recovery of the endangered West Indian Manatee; and to promote the public welfare by controlling vessel operations to ensure Manatee protection.”24 The section requires ‘careful and prudent operation’ of a vessel and when Manatees are around and provides for signage indicating the no-wake zones.25 The State Comprehensive Speed Zones and Signs were posted in a substantial area in December 1992.
Collier County
The Manatee Protection Plan was approved by the FWC in 1995. The dock regulation requires docks to minimally impact native marine and Manatee habitat.26 All proposed marinas must be consistent with the Manatee Protection Plan.27 If the development is consistent with the MPP, the developer must submit a “Manatee Awareness and Protection Plan” which must address the following issues: “1. Education and public awareness. 2. Posting and maintaining Manatee awareness signs. 3. Information on type and destination of boat traffic that will be generated from the facility. 4. Monitoring and maintenance of water quality to comply with state standards. 5. Marking of navigational channels may be required.” The ordinance creates a rating system to help with marina siting that considers Manatee abundance and creates a preference for sitings that “will not impact a high Manatee use area.” The ordinance gives a protected ranking to sites that will impact a Manatee use area. Potentially the developer could mitigate a protected ranking through techniques such as establishing no wake zones.28
Collier County also protects endangered, threatened or listed species.29 New development is required to use the USFWS South Florida Multi-Species Recovery Plan as the “minimum guideline or standard to preserve or improve the environmental conditions required for the protection and recovery of the West Indian Manatee.” A violation of the ordinance is a misdemeanor.30 The State Comprehensive Speed Zones and Signs were posted in a substantial area in February 1991 and October 1998.
Dade County
The Manatee Protection Plan was approved by the state in 1995. Miami Dade County requires work in Canal Rights of Way, Tidal Waters, and Submerged Bay Bottom Lands to be permitted and in accordance with its Manatee Protection Plan.31 Fees collected from vessel registration fees are deposited in the Biscayne Bay Environmental Trust Fund and in part are used for the preservation of Manatees and their habitat.32 The State Comprehensive Speed Zones and Signs were posted in a substantial area in April 1993.
Duval County
The FWC approved Duval County’s Manatee Protection Plan in 1999. Since that time it has been updated yearly.33 Jacksonville created Manatee Protection Zones on the Atlantic Intercoastal Waterway near Sisters Creek, the Atlantic Intercostal Waterway, South of the St. Johns River, Julington Creek and Durbin Creek Area. Jacksonville also created slow speed where boaters must operate at a slow speed shoreline buffer zones on the St. John’s River from St. Johns Point to Reddie Point, Mill Cove, Trout River, St. Johns River, from Reddie Point to Fuller Warren Bridge Area, St. Johns River, from Fuller Warren Bridge to the South Duval County Line, Ortega River Area, Julington Creek. Jacksonville established caution zones where boaters must exercise caution on Dunn Creek, Broward River, Trout River from I-95 Bridge to the headwaters, Arlington River and Pottsburg Creek, Cedar River, Ortega River.34 Violations of the speed limits in the above areas results in a civil fine.35 Jacksonville created a Waterways Commission that reviews proposed rules by the FWC to protect Manatees.36 The State Comprehensive Speed Zones and Signs were posted in a substantial area in September 1993.
Hernando County
Although not required to prepare a Manatee Protection Plan, Hernando County provides for the protection of aquatic marshes and grasses in order to preserve the habitat of the Manatee.37
Hillsborough County
Although not required to prepare a Manatee Protection Plan, Hillsborough County has enacted a Manatee Protection Ordinance that established Manatee protection areas near Port Sutton, the Alafia River, Bullfrog Creek, Big Bend, Harbor Bay and Bahia Beach. The County established no wake or slow speed areas for the above Manatee Protection Areas and provided for violators to be issued citations. It also provides for exemptions for professional fishing guides and commercial fishers who obtain an exemption permit.38 Hillsborough County also remits part of its boat registration fee to the state for the preservation of the Manatees.39
Indian River County
The FWC approved Indian River’s Manatee Protection Plan in November 2000. Indian River County prohibits the use of Airboats in the St. Sebastian River to protect Manatees.40 Indian River County also requires an environmental impact survey that describes any potential impact a proposed marina would have on a Manatee site.41 The State Comprehensive Speed Zones and Signs were posted in a substantial area in July 1993.
Lee County
Last June, Lee County passed its Manatee Protection Plan. The passage and the Plan have been extremely controversial.42 Lee County has established Manatee Protections on the Calossahatchee River including slow speed zones.43 Other Manatee protections are included in the Vessel Control and Water Safety Ordinance.44 The State Comprehensive Speed Zones and Signs were posted in a substantial area in the Caloosahatchee River in Sept. 1993 and Dec. 2000. Lee County requires the first dollar of boat registration fees to be provided to the Manatee trust fund.45
Levy County
Levy County is not required to prepare a Manatee protection plan. However Levy County requires Manatee protections in instances of building docks on the Withlacoochee River.46 Also, Levy County requires new marinas and marina expansions to provide Manatee protection and prohibits new marinas from locating in areas of essential Manatee habitat.47 Further, marinas shall implement a Manatee public awareness program.48
Manatee County
Manatee County is not required to prepare a Manatee Protection Plan.
In March 2004, Manatee County enacted its Manatee Protection Ordinance.49 This Manatee protection ordinance was completed in conjunction with the establishment of the Tampa Bay Manatee rules. Manatee County established Manatee Protection areas generally within 300 feet of shore, the Upper Manatee River and the Lower Manatee River within 500 feet of shore, in the Braden river and in state and municipal Manatee areas in the county.50 The Ordinance provides for markings of the Manatee protection areas.51 The Ordinance establishes speed limits in the protection areas and in adjacent corridors.52 The Ordinance establishes exceptions for historical recreational uses.53 However if a Manatee is cited in the historical recreation area, all vessels must cease recreating and avoid collisions with Manatees.54 The ordinance further provides for enforcement, educational programs and additional plans to protect the Manatee.55 Further, all vessels on the Braden River must yield to Manatees.56
Martin County
Martin County has a Manatee Protection Plan that was approved by the FWC in June 2002.57 Martin County enacted a Manatee Protection statute that prohibits boaters from operating at greater than idle speed/no wake when the operator “has reason to believe that a Manatee may be present within 200 feet” and within 300 feet of any shoreline with some exceptions.58 All boat ramps and marinas must post conspicuously notice of Manatee areas.59 Furthermore, Martin County has established the “Manatee Pocket” as an idle speed/no wake zone.60 The Martin County Comprehensive Plan recognizes that sea grass beds are vital to the protection of Manatees and sea turtles.61 The plan seeks to address elements of growth that will affect sea grass beds.62 Additionally, Martin County incorporated the Boat Facility Siting Plan approved by the Florida Fish and Wildlife Conservation Commission into the Comprehensive Plan.63
The County has established a Manatee Protection Advisory Committee that monitors the Manatee Protection Plan.64 Martin County also has outlined a series of policies to protect Manatee habitat and to work with other state and federal agencies to protect the Manatee.65 The State Comprehensive Speed Zones and Signs were posted in a substantial area in July 1991.
Monroe County
Monroe County is not required to prepare a Manatee Protection Plan. The first dollar of the county vessel registration fees is dedicated to the Save the Manatee Trust Fund.66
Palm Beach County
Palm Beach County has not enacted any ordinances that help protect the Manatee. Palm Beach County is currently working on its Manatee Protection Plan.67 The State Comprehensive Speed Zones and Signs were posted in a substantial area in November 1991.
Pasco County
Pasco County is not required to prepare a Manatee Protection Plan. Pasco County can designate no wake or idle speed areas if after a public hearing it is determined that the area is threatening or endangers the Manatee.68
Pinellas County
Pinellas County is not required to prepare a Manatee Protection Plan. Pinellas County will only approve marinas that are consistent with state Manatee protection plans.69 Pinellas County will not approve any marinas70 or docks71 in an area that is critical to the survival of the Manatee. Pinellas County will not permit any seawalls that are inconsistent with Manatee protection plans.72 Pinellas County will not permit any dredge and fill areas that would conflict with state Manatee protection plans.73 The first dollar of the county boat registration fee goes towards the Save the Manatee Trust Fund.74 The County has also established various slow speed and caution zones in part to protect the Manatee.75
Sarasota County
In September 2003, Sarasota County enacted its Manatee Protection Plan. This Protection Plan provides for a Boat Facility Siting Plan. The Manatee Protection Plan Ordinance ensures that new boat facilities are sited according to the Boat Facility Siting Plan. It provides for variance procedures in front of the County Commission. The Ordinance also makes it unlawful for any person to “kill, molest, harass or cause direct or indirect injury to, or to collect or posses any part of, a West Indian Manatee.” The Ordinance provides for code enforcement proceedings and criminal enforcement powers to violators.76 The State Comprehensive Speed Zones and Signs were posted in a substantial area in June 1993.
St. Lucie County
The St. Lucie County Vessel Control and Water Safety Ordinance establishes areas of special management to protect Manatees and prohibits boaters to operate in excess of idle speed in those areas. If boaters violate the statute they can be issued a citation.77 St. Lucie County adopted its Manatee Protection Plan on February 26, 2002 and the FWC approved the plan on March 22, 2002.78 The State Comprehensive Speed Zones and Signs were posted in a substantial area in Sept. 1995.
Volusia County
Chapter 126 of the County Code establishes six idle speed/no wake areas and a 25mph boating speed zone.79 Volusia County’s Manatee Protection plan has two phases. Phase 1 is complete and was approved by FWC in 2001. Phase 1 deals with education and enforcement. Phase 2 is being drafted and examines boat facility siting.80 The State Comprehensive Speed Zones and Signs were posted in a substantial area in January 1992.
| 1 | See David Schwartz, The Role of Local Governmetns: A Freshwater Context, in The Florida Bar, Recreational Boating; Waterway Management and the Environment 5.64 (Jan. 25, 2002). |
| 2 | See §§ 327.22, 327.60 Fla. Stat. (2005). |
| 3 | § 327.60(2) Fla. Stat. (2005). |
| 4 | See e.g., § 370.12(2)(t)1 Fla. Stat. (2005). |
| 5 | See § 163.3177(6)(d) Fla. Stat. (2004). |
| 6 | Fla. Admin. Code Ann. r. 9J-5.013 (2005). |
| 7 | Fla. Const. art. IV, § 9, Thomas Ankersen, Stephen Fernandex, Ashley Siefert, Manuel Velez, David Schwartz and Ralf Brookes, The Gopher Tortoise and Upland Habitat Protetion in Florida, in Gopher Tortoise Conservation Inititive, University of Florida Conservation Clinc and the 9th Annual Public iNterest Environmental Conference, Protected Species and Upland Habitat Protection Workshop 5-22 (Feb. 27, 2003). |
| 8 | Florida Fish and Wildlife Conservation Commission, What is a Manatee Protection Plan, (2002) available at http://floridaconservation.org/psm/manatee/whatisMPP.htm. |
| 9 | § 370.12(2)(t)1 Fla. Stat. (2005). |
| 10 | Id. |
| 11 | Florida Fish and Wildlife Conservation Commission, What is a Manatee Protection Plan, (2002) available at http://floridaconservation.org/psm/manatee/whatisMPP.htm. |
| 12 | Id. |
| 13 | § 370.12(2)(t)(3) Fla. Stat. (2005). |
| 14 | Brevard County, Manatee Protection Plan, at this location. |
| 15 | Brevard County, Fla., Code § 122-26 (2004). |
| 16 | Id. |
| 17 | Id. § 62-1101 (2004). |
| 18 | David Fleshler, Broward Acts on Manatee Safety Plan, Fort Lauderdale Sun-Sentinel, March 1, 2004, at 1B. |
| 19 | Broward County, Fla., Code § 13-6 (2004). |
| 20 | Id. |
| 21 | Id. § 39-28. |
| 22 | Charlotte County, Fla., Code Ch. 3-5-348 (2004). |
| 23 | Amy Wimmer Schwarb, Manatee rules won't block big boat ramp, St. Petersburg Times Dec 3, 2003 at Citrus Times 1. |
| 24 | Citrus County, Fla., Code Ch. 106-37 (2004). |
| 25 | Id. 106-42, 44. |
| 26 | Collier County, Fla., Land Development Code § 5.03.06 (2004). |
| 27 | Id. § 5.05.02. |
| 28 | Id. et seq. |
| 29 | Id. § 3.04.00. |
| 30 | Id. § 3.11.1. |
| 31 | Miami Dade County, Fla., Code § 24-58.3 (2004). |
| 32 | Id. § 7-22.1. |
| 33 | Duval County, Manatee Protection Plan at this location. |
| 34 | Jacksonville, Fla., Code § 387 (2004). |
| 35 | Id. |
| 36 | Id. § 95.105. |
| 37 | Hernando County, Fla., Code Ch. 7-71 (2004). |
| 38 | Hillsborough County, Fla., Code Ch. 17-81 (2004). |
| 39 | Id. ch. 17-54 (2004). |
| 40 | Indian River County, Fla., Code § 306-12 (2004). |
| 41 | Id. § 971.35 (2004). |
| 42 | Lee County, Manatee Protection Plan, at this location. |
| 43 | Lee County, Fla., Land Development Code § 15-151 et seq. (2004). |
| 44 | Lee County, Fla., Code § 7-31 (2004). |
| 45 | Id. § 7-2. |
| 46 | Levy County, Fla., Code § 50-156 et seq. (2004). |
| 47 | Id. § 50-847. |
| 48 | Id. |
| 49 | Manatee County, Fla., Code § 2-32-41 (2004). |
| 50 | Id. §2-32-43. |
| 51 | Id. |
| 52 | Id. §2-32-44. |
| 53 | Id. §2-32-45. |
| 54 | Id. |
| 55 | Id. §§ 2-32-46, 2-32-47. |
| 56 | Id. §2-32-19. |
| 57 | Martin County, Growth Management Correspondence, at this location. |
| 58 | Martin County Fla. Ordinance No. 369, §10 (Jan. 9, 1990). |
| 59 | Id. §12. |
| 60 | Martin County Fla. Resolution No. 82-521 (1982). |
| 61 | Martin County Fla., Comprehensive Growth Management Plan, §8.4 (2004). |
| 62 | Id. §8.3A. |
| 63 | Id. |
| 64 | Id. § 8.4. |
| 65 | Id. |
| 66 | Monroe County, Fla., Code § 5.5-131 (2004). |
| 67 | David Fleshler, Broward Acts on Manatee Safety Plan, Fort Lauderdale Sun-Sentinel, March 1, 2004, at 1B. |
| 68 | Pasco County, Fla. Code § 114-41 (2004). |
| 69 | Pinellas County, Fla. Code § 138-270 (2004). |
| 70 | Id. § 138-857. |
| 71 | Id. § 166-321. |
| 72 | Id. § 166-281. |
| 73 | Id. § 166-358. |
| 74 | Id. § 130-77. |
| 75 | Id. §§ 130-97, 120-103. |
| 76 | Sarasota County Fla., Ordinance No. 2003-075 (Sept. 24, 2003). See Sarasota County, Manatee Protection Plan, at this location. |
| 77 | St. Lucie County, Fla., Ordinance 98-006 (July 21, 1998). |
| 78 | St. Lucie County, Manatee Protection Plan, at this location. |
| 79 | Volusia County, Fla., Code Ch. 126 (2004). |
| 80 | Volusia County, Manatee Protection Plan, at this location. |