PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 83, GENERAL ORDINANCES, MARTIN COUNTY CODE RELATING TO FISH AND WILDLIFE AND THE LAKE OKEECHOBEE FISH AND WILDLIFE ADVISORY COUNCIL
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 83, Fish and Wildlife, General Ordinances, Martin County Code. These revisions are necessary (i) to eliminate inconsistencies and address local government preemptions under Florida Statutes and the Florida Constitution and (ii) to remove any reference to the now defunct Lake Okeechobee Fish and Wildlife Advisory Council.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Fox
Title: Senior Assistant County Attorney
REQUESTED BY: Board of County Commissioners
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
In 1974, Martin County adopted a variety of ordinances in Chapter 83, Martin County Code, to regulate various methods of saltwater fishing and to address the protection of bald eagles, sea turtles and alligators. Subsequent to the adoption of Chapter 83, both the Florida Constitution and the Florida Statutes were amended to grant the Florida Fish and Wildlife Conservation Commission (FWC) exclusive regulatory and executive powers over wild animal life, freshwater aquatic life, and marine life. This authority includes the power to adopt rules tantamount to legislative acts for the management, restoration, conservation, and regulation of fish and wildlife in the state. These rules are set forth in Title 68 of the Florida Administrative Code. Judicial precedent confirms that local governments are not permitted to regulate saltwater fishing or wildlife due to this constitutional preemption.
Additionally, the regulation of bald eagles and sea turtles in the State of Florida involves both federal and state entities, with primary oversight provided by the U.S. Fish and Wildlife Service at the federal level and FWC at the state level. These agencies work under the framework of the Endangered Species Act, the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act and Florida state laws - primarily, Chapter 379, Florida Statutes - to protect these species and provide a legal framework for enforcement of violations.
With this historical context it mind, this agenda item concerns the approval of an ordinance that will address the constitutional and statutory preemption of local government’s regulation of saltwater fish and wildlife and the effective elimination of any inconsistencies between Chapter 83, Martin County Code, and the relevant provisions of (i) Article IV, Section 9 of the Florida Constitution (granting FWC the express authority to regulate wild animal life, fresh water aquatic life and marine life); (ii) Section 379.2412, Florida Statutes (providing that the power to regulate the taking or possession of saltwater fish is expressly reserved to the state); and (iii) Title 68 of the Florida Administrative Code (providing rules and penalties related to the state’s exercise of regulatory and executive powers over wild animal life, fresh water aquatic life and marine life). County staff has worked collaboratively with FWC to ensure that the proposed ordinance aligns with FWC’s constitutionally established authority and that violations of state law will be enforced appropriately in Martin County. Included in this agenda item is a letter of support from FWC.
The proposed ordinance also updates Article 3 of Chapter 83, to remove all reference to the now defunct Lake Okeechobee Fish and Wildlife Advisory Council, which was replaced in 2000 by the County Coalition for Responsible Management of Lake Okeechobee, the St. Lucie and Caloosahatchee Estuaries, and the Lake Worth Lagoon (the “County Coalition”). The County Coalition is a multiple county based advisory group organized primarily for the purpose of providing the general public, the South Florida Water Management District, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the Florida Legislature, and various groups and committees with a body which will present a variety of issues dealing with the health and welfare of the lakes, estuaries, and riverine systems consisting of Lake Okeechobee, the St. Lucie and Caloosahatchee Estuaries, and Lake Worth Lagoon, and all of the bodies of water connected thereto. According to its Bylaws, the County Coalition shall, whenever possible, initially consist of one representative from each of the following nine (9) counties: Glades, Hendry, Highlands, Lee, Martin, Okeechobee, Osceola, Palm Beach, and St. Lucie. Each county nominates one representative from their Board of County Commissioners to serve until which time they are replaced by their respective county commissions. Commissioner Heard currently represents Martin County at the quarterly meetings of the County Coalition, which are held in Okeechobee, Florida. Since the County Coalition was legally established pursuant to its own governing documents, it does not need to be incorporated into the Martin County Code.
This public hearing was advertised in The Stuart News on October 10, 2025.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve the proposed Ordinance amending Chapter 83, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Provide staff with further direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.