Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1082
Ì265890?Î265890
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/20/2023 .
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The Committee on Rules (DiCeglie) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 12
4 insert:
5 Section 1. Paragraph (b) of subsection (1) of section
6 327.46, Florida Statutes, is amended to read:
7 327.46 Boating-restricted areas.—
8 (1) Boating-restricted areas, including, but not limited
9 to, restrictions of vessel speeds and vessel traffic, may be
10 established on the waters of this state for any purpose
11 necessary to protect the safety of the public if such
12 restrictions are necessary based on boating accidents,
13 visibility, hazardous currents or water levels, vessel traffic
14 congestion, or other navigational hazards or to protect
15 seagrasses on privately owned submerged lands.
16 (b) Municipalities and counties may establish the following
17 boating-restricted areas by ordinance, including,
18 notwithstanding the prohibition in s. 327.60(2)(c), within the
19 portion of the Florida Intracoastal Waterway within their
20 jurisdiction:
21 1. An ordinance establishing an idle speed, no wake
22 boating-restricted area, if the area is:
23 a. Within 500 feet of any boat ramp, hoist, marine railway,
24 or other launching or landing facility available for use by the
25 general boating public on waterways more than 300 feet in width
26 or within 300 feet of any boat ramp, hoist, marine railway, or
27 other launching or landing facility available for use by the
28 general boating public on waterways not exceeding 300 feet in
29 width.
30 b. Within 500 feet of fuel pumps or dispensers at any
31 marine fueling facility that sells motor fuel to the general
32 boating public on waterways more than 300 feet in width or
33 within 300 feet of the fuel pumps or dispensers at any licensed
34 terminal facility that sells motor fuel to the general boating
35 public on waterways not exceeding 300 feet in width.
36 c. Inside or within 300 feet of any lock structure.
37 2. An ordinance establishing a slow speed, minimum wake
38 boating-restricted area if the area is:
39 a. Within 300 feet of any bridge fender system.
40 b. Within 300 feet of any bridge span presenting a vertical
41 clearance of less than 25 feet or a horizontal clearance of less
42 than 100 feet.
43 c. On a creek, stream, canal, or similar linear waterway if
44 the waterway is less than 75 feet in width from shoreline to
45 shoreline.
46 d. On a lake or pond of less than 10 acres in total surface
47 area.
48 e. Within the boundaries of a permitted public mooring
49 field and a buffer around the mooring field of up to 100 feet.
50 f. Within 500 feet of a sewage pumpout facility at a public
51 or private nonresidential marina on a waterway where the sewage
52 pumpout facility is within 100 feet of the marked portion of the
53 Florida Intracoastal Waterway.
54 3. An ordinance establishing a vessel-exclusion zone if the
55 area is:
56 a. Designated as a public bathing beach or swim area,
57 except that such areas may not be created on waters that include
58 any portion of the Florida Intracoastal Waterway or that are
59 within 100 feet of the marked channel of the Florida
60 Intracoastal Waterway.
61 b. Within 300 feet of a dam, spillway, or flood control
62 structure.
63
64 Vessel exclusion zones created pursuant to this subparagraph
65 must be marked with uniform waterway markers permitted by the
66 commission in accordance with this chapter. Such zones may not
67 be marked by ropes.
68 Section 2. For the purpose of incorporating the amendment
69 made by this act to section 327.46, Florida Statutes, in a
70 reference thereto, subsection (2) of section 327.41, Florida
71 Statutes, is reenacted to read:
72 327.41 Uniform waterway regulatory markers.—
73 (2) Any county or municipality which has been granted a
74 boating-restricted area designation, by rule of the commission
75 pursuant to s. 327.46(1)(a), for a portion of the Florida
76 Intracoastal Waterway within its jurisdiction or which has
77 adopted a boating-restricted area by ordinance pursuant to s.
78 327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other
79 governmental entity which has legally established a boating
80 restricted area, may apply to the commission for permission to
81 place regulatory markers within the boating-restricted area.
82
83 ================= T I T L E A M E N D M E N T ================
84 And the title is amended as follows:
85 Delete line 2
86 and insert:
87 An act relating to vessels; amending s. 327.46, F.S.;
88 authorizing counties and municipalities to establish
89 slow speed, minimum wake boating-restricted areas
90 within a specified distance from certain sewage
91 pumpout facilities at public or private nonresidential
92 marinas within certain portions of the Florida
93 Intracoastal Waterway; reenacting s. 327.41(2), F.S.,
94 relating to uniform waterway regulatory markers, to
95 incorporate the amendment made to s. 327.46, F.S., in
96 a reference thereto; amending