Senate Bill sb0772

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 772

    By Senator Dockery





    15-643-05                                               See HB

  1                      A bill to be entitled

  2         An act relating to inland lakes and canals;

  3         amending s. 327.40, F.S.; exempting from

  4         permitting requirements the placement of

  5         informational markers on inland lakes and

  6         associated canals by counties, municipalities,

  7         or other governmental entities; providing

  8         requirements for placement of such markers;

  9         specifying that placement of informational

10         markers on state submerged lands does not

11         subject such lands to specified lease

12         requirements; providing an effective date.

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

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16         Section 1.  Section 327.40, Florida Statutes, is

17  amended to read:

18         327.40  Uniform waterway markers for safety and

19  navigation; informational markers.--

20         (1)  Waterways in Florida which need marking for safety

21  or navigation purposes shall be marked under the United States

22  Aids to Navigation System, 33 C.F.R. part 62. Until December

23  31, 2003, channel markers and obstruction markers conforming

24  to the Uniform State Waterway Marking System, 33 C.F.R.

25  subpart 66.10, may continue to be used on waters of this state

26  that are not navigable waters of the United States.

27         (2)(a)  Application for marking inland lakes and state

28  waters and any navigable waters under concurrent jurisdiction

29  of the Coast Guard and the division shall be made to the

30  division, accompanied by a map locating the approximate

31  placement of markers, a list of the markers to be placed, a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                   SB 772
    15-643-05                                               See HB




 1  statement of the specification of the markers, a statement of

 2  the purpose of marking, and the names of persons responsible

 3  for the placement and upkeep of such markers. The division

 4  will assist the applicant to secure the proper permission from

 5  the Coast Guard where required, make such investigations as

 6  needed, and issue a permit. The division shall furnish the

 7  applicant with the information concerning the system adopted

 8  and the rules existing for placing and maintaining the

 9  markers. The division shall keep records of all approvals

10  given and counsel with individuals, counties, municipalities,

11  motorboat clubs, or other groups desiring to mark waterways

12  for safety and navigation purposes in Florida.

13         (b)1.  No person or municipality, county, or other

14  governmental entity shall place any safety or navigation

15  markers in, on, or over the waters or shores of the state

16  without a permit from the division.

17         2.  The placement of informational markers, including,

18  but not limited to, markers indicating end of boat ramp, no

19  swimming, swimming area, lake name, trash receptacle, public

20  health notice, or underwater hazard and canal, regulatory,

21  emergency, and special event markers, by counties,

22  municipalities, or other governmental entities on inland lakes

23  and their associated canals is exempt from permitting under

24  this section. Such markers, excluding swimming area and

25  special event markers, may be no more than 50 feet from the

26  normal shoreline.

27         (c)  The commission is authorized to adopt rules

28  pursuant to chapter 120 to implement this section.

29         (3)  The placement of any safety or navigation marker

30  or any informational marker under subparagraph (2)(b)2. on

31  

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    Florida Senate - 2005                                   SB 772
    15-643-05                                               See HB




 1  state submerged lands under this section does not subject such

 2  lands to the lease requirements of chapter 253.

 3         Section 2.  This act shall take effect upon becoming a

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CODING: Words stricken are deletions; words underlined are additions.