Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1946
       
       
       
       
       
       
                                Ì110500SÎ110500                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2021           .                                
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       The Committee on Rules (Polsky) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 327.4108, Florida Statutes, is amended
    6  to read:
    7         327.4108 Anchoring of vessels in anchoring limitation
    8  areas.—
    9         (1)(a) The following densely populated urban areas, which
   10  have narrow state waterways, residential docking facilities, and
   11  significant recreational boating traffic, are designated as and
   12  shall be considered to be grandfathered-in anchoring limitation
   13  areas:
   14         1.(a) The section of Middle River lying between Northeast
   15  21st Court and the Intracoastal Waterway in Broward County.
   16         2.(b) Sunset Lake in Miami-Dade County.
   17         3.(c) The sections of Biscayne Bay in Miami-Dade County
   18  lying between:
   19         a.1. Rivo Alto Island and Di Lido Island.
   20         b.2. San Marino Island and San Marco Island.
   21         c.3. San Marco Island and Biscayne Island.
   22         (b)(2) To promote the public’s use and enjoyment of the
   23  designated waterway, except as provided in subsections (3) and
   24  (4), a person may not anchor a vessel at any time during the
   25  period between one-half hour after sunset and one-half hour
   26  before sunrise in an anchoring limitation area designated under
   27  this subsection.
   28         (2)(a)Notwithstanding s. 327.60(2)(f), a county may
   29  establish, in accordance with this subsection, an anchoring
   30  limitation area adjacent to urban areas that have residential
   31  docking facilities and significant recreational boating traffic.
   32  The aggregate total of anchoring limitation areas in a county
   33  may not exceed 10 percent of the county’s delineated navigable
   34  in-fact waterways. As used in this subsection, the term
   35  “navigable-in-fact waterways” means waterways that are navigable
   36  in their natural or unimproved condition over which useful
   37  commerce or public recreation of a substantial and permanent
   38  character is or may be conducted in the customary mode of trade
   39  and travel on water. The term does not include lake or streams
   40  that are theoretically navigable; have a potential for
   41  navigability; or are temporary, precarious, and unprofitable,
   42  but the term does include lakes or streams that have practical
   43  usefulness to the public as highways for transportation. Each
   44  anchoring limitation area must meet all of the following
   45  requirements:
   46         1.Be less than 100 acres in size. For purposes of this
   47  subsection, the calculated size of the anchoring limitation area
   48  does not include any portion of the marked channel of the
   49  Florida Intracoastal Waterway contiguous to the anchoring
   50  limitation area;
   51         2.Not include any mooring field or marina; and
   52         3.Be clearly marked with all of the following:
   53         a.Signs that provide reasonable notice to boaters
   54  identifying the duration of time beyond which anchoring is
   55  limited and identifying the county ordinance by which the
   56  anchoring limitation area was created.
   57         b.Buoys. The county that has created an anchoring
   58  limitation area shall install and maintain buoys marking the
   59  boundary of the anchoring limitation area.
   60  
   61  The signs and buoys must be permitted and installed in
   62  accordance with ss. 327.40 and 327.41 and commission rule.
   63         (b)Except as provided in subsections (3) and (4), a person
   64  may not anchor a vessel for more than 45 consecutive days in any
   65  6-month period in an anchoring limitation area established
   66  pursuant to this subsection.
   67         (c)A county proposing establishment of an anchoring
   68  limitation area in accordance with this subsection shall provide
   69  notice to the commission 30 days before final adoption of an
   70  ordinance establishing such anchoring limitation area. The
   71  commission shall publish notice of the proposed ordinance on its
   72  website and distribute such notice through the commission’s
   73  Boating and Waterways Section e-mail distribution list for
   74  ordinances.
   75         (3) Notwithstanding subsections (1) and subsection (2), a
   76  person may anchor a vessel in an anchoring limitation area:
   77         (a) If the vessel suffers a mechanical failure that poses
   78  an unreasonable risk of harm to the vessel or the persons
   79  onboard unless the vessel anchors. The vessel may anchor for 3
   80  business days or until the vessel is repaired, whichever occurs
   81  first.
   82         (b) If imminent or existing weather conditions in the
   83  vicinity of the vessel pose an unreasonable risk of harm to the
   84  vessel or the persons onboard unless the vessel anchors. The
   85  vessel may anchor until weather conditions no longer pose such
   86  risk. During a hurricane or tropical storm, weather conditions
   87  are deemed to no longer pose an unreasonable risk of harm when
   88  the hurricane or tropical storm warning affecting the area has
   89  expired.
   90         (c) During events described in s. 327.48 or other special
   91  events, including, but not limited to, public music
   92  performances, local government waterfront activities, or
   93  fireworks displays. A vessel may anchor for the lesser of the
   94  duration of the special event or 3 days.
   95         (4) This section does not apply to:
   96         (a) Vessels owned or operated by a governmental entity for
   97  law enforcement, firefighting, military, or rescue purposes.
   98         (b) Construction or dredging vessels on an active job site.
   99         (c) Vessels actively engaged in commercial fishing.
  100         (d) Vessels engaged in recreational fishing if the persons
  101  onboard are actively tending hook and line fishing gear or nets.
  102         (5)(a) As used in this subsection, the term “law
  103  enforcement officer or agency” means an officer or agency
  104  authorized to enforce this section pursuant to s. 327.70.
  105         (b)1.For a vessel in an anchoring limitation area
  106  established pursuant to subsection (2), upon an inquiry by a law
  107  enforcement officer or agency, a vessel owner or operator must
  108  be given an opportunity to provide proof that the vessel has not
  109  exceeded the limitations described in subsection (2). Such proof
  110  may include any of the following:
  111         a.Documentation showing that the vessel was in another
  112  location at least 1 mile away within a period of less than 45
  113  days before the inquiry.
  114         b.Electronic evidence, including, but not limited to,
  115  navigational devices or tracking devices that show the vessel
  116  was in another location at least 1 mile away within a period of
  117  less than 45 days before the inquiry.
  118         2.If a vessel owner or operator fails or refuses to
  119  provide proof that the vessel has not exceeded the limitations
  120  described in subsection (2), the law enforcement officer or
  121  agency may issue a citation for a violation of this section.
  122         (c)(b) A law enforcement officer or agency may remove a
  123  vessel from an anchoring limitation area designated under
  124  subsection (1) or established pursuant to subsection (2) and
  125  impound the vessel for up to 48 hours, or cause such removal and
  126  impoundment, if the vessel operator, after being issued a
  127  citation for a violation of this section:
  128         1. Anchors the vessel in violation of this section within
  129  12 hours after being issued the citation; or
  130         2. Refuses to leave the anchoring limitation area after
  131  being directed to do so by a law enforcement officer or agency.
  132         (d)A vessel that is the subject of more than three
  133  violations within 12 months which result in dispositions other
  134  than acquittal or dismissal shall be declared to be a public
  135  nuisance and subject to s. 705.103, or for a derelict vessel,
  136  subject to s. 823.11.
  137         (e)(c) A law enforcement officer or agency acting under
  138  this subsection to remove or impound a vessel, or to cause such
  139  removal or impoundment, shall be held harmless for any damage to
  140  the vessel resulting from such removal or impoundment unless the
  141  damage results from gross negligence or willful misconduct.
  142         (f)(d) A contractor performing removal or impoundment
  143  services at the direction of a law enforcement officer or agency
  144  pursuant to this subsection must:
  145         1. Be licensed in accordance with United States Coast Guard
  146  regulations, as applicable.
  147         2. Obtain and carry a current policy issued by a licensed
  148  insurance carrier in this state to insure against any accident,
  149  loss, injury, property damage, or other casualty caused by or
  150  resulting from the contractor’s actions.
  151         3. Be properly equipped to perform such services.
  152         (g)(e) In addition to the civil penalty imposed under s.
  153  327.73(1)(z), the operator of a vessel that is removed and
  154  impounded pursuant to paragraph (c)(b) must pay all removal and
  155  storage fees before the vessel is released. A vessel removed
  156  pursuant to paragraph (c)(b) may not be impounded for longer
  157  than 48 hours.
  158         (6) A violation of this section is punishable as
  159         provided in s. 327.73(1)(z).
  160         (7) This section shall remain in effect notwithstanding the
  161  Legislature’s adoption of the commission’s recommendations for
  162  the regulation of mooring vessels outside of public mooring
  163  fields pursuant to s. 327.4105.
  164         Section 2. For the purpose of incorporating the amendment
  165  made by this act to section 327.4108, Florida Statutes, in a
  166  reference thereto, paragraph (z) of subsection (1) of section
  167  327.73, Florida Statutes, is reenacted to read:
  168         327.73 Noncriminal infractions.—
  169         (1) Violations of the following provisions of the vessel
  170  laws of this state are noncriminal infractions:
  171         (z) Section 327.4108, relating to the anchoring of vessels
  172  in anchoring limitation areas, for which the penalty is:
  173         1. For a first offense, up to a maximum of $50.
  174         2. For a second offense, up to a maximum of $100.
  175         3. For a third or subsequent offense, up to a maximum of
  176  $250.
  177  
  178  Any person cited for a violation of any provision of this
  179  subsection shall be deemed to be charged with a noncriminal
  180  infraction, shall be cited for such an infraction, and shall be
  181  cited to appear before the county court. The civil penalty for
  182  any such infraction is $50, except as otherwise provided in this
  183  section. Any person who fails to appear or otherwise properly
  184  respond to a uniform boating citation shall, in addition to the
  185  charge relating to the violation of the boating laws of this
  186  state, be charged with the offense of failing to respond to such
  187  citation and, upon conviction, be guilty of a misdemeanor of the
  188  second degree, punishable as provided in s. 775.082 or s.
  189  775.083. A written warning to this effect shall be provided at
  190  the time such uniform boating citation is issued.
  191         Section 3. This act shall take effect upon becoming a law.
  192  
  193  ================= T I T L E  A M E N D M E N T ================
  194  And the title is amended as follows:
  195         Delete everything before the enacting clause
  196  and insert:
  197                        A bill to be entitled                      
  198         An act relating to anchoring limitation areas;
  199         amending s. 327.4108, F.S.; providing that certain
  200         areas are grandfathered-in anchoring limitation areas;
  201         authorizing counties to establish anchoring limitation
  202         areas that meet certain requirements; defining the
  203         term “navigable in fact”; specifying size requirements
  204         for the anchoring limitation areas; requiring the
  205         anchoring limitation areas to be marked with signs and
  206         buoys that meet certain requirements; prohibiting
  207         vessels from anchoring in such areas for longer than a
  208         specified time; requiring counties to provide notice
  209         to the Fish and Wildlife Conservation Commission
  210         within a specified timeframe before establishing an
  211         anchoring limitation area; requiring the commission to
  212         publish notice of the proposed ordinance on its
  213         website and distribute an e-mail notice; requiring
  214         owners or operators in certain anchoring limitation
  215         areas to be allowed to provide specified proof of
  216         compliance with certain provisions; authorizing law
  217         enforcement officers or agencies to issue citations
  218         for violations under certain circumstances; providing
  219         that vessels with a specified number of repeat
  220         offenses within a specified timeframe shall be
  221         declared public nuisances and subject to certain
  222         provisions; removing applicability provisions relating
  223         to the commission’s recommendations; reenacting s.
  224         327.73(1)(z), F.S., relating to noncriminal
  225         infractions, to incorporate the amendment made to s.
  226         327.4108, F.S., in a reference thereto; providing an
  227         effective date.