Senate Bill 1340
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Florida Senate - 1998 SB 1340 (Corrected Copy)
By Senator Latvala
312-1611A-98
1 A bill to be entitled
2 An act relating to rulemaking authorization
3 with respect to vessel safety (RAB); amending
4 s. 327.02, F.S.; defining the term "marker";
5 amending s. 327.41, F.S.; clarifying and
6 conforming provisions to existing federal
7 requirements; removing obsolete reference to an
8 abolished federal advisory panel; providing an
9 exemption from submerged lands lease
10 requirements for safety and navigation markers;
11 amending s. 327.46, F.S.; clarifying and
12 conforming provisions to existing federal
13 requirements; repealing s. 327.40, F.S.,
14 relating to uniform waterway markers; providing
15 an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Subsection (32) of section 327.02, Florida
20 Statutes, is amended to read:
21 327.02 Definitions of terms used in this chapter and
22 in chapter 328.--As used in this chapter and in chapter 328,
23 unless the context clearly requires a different meaning, the
24 term:
25 (32) "Regulatory Marker" means any anchored or fixed
26 marker in, on, or over the waters of this state or the shores
27 thereof water, or anchored platform on the surface of the
28 water, other than a marker provided in s. 327.40, and
29 includes, but is not limited to, a channel marker or other aid
30 to navigation, swimming area bathing beach marker, speed zone
31 marker, information marker, restricted area zone marker,
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Florida Senate - 1998 SB 1340 (Corrected Copy)
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1 vessel exclusion area marker, congested area marker, or
2 warning marker, or mooring buoy.
3 Section 2. Section 327.41, Florida Statutes, is
4 amended to read:
5 327.41 Uniform waterway regulatory markers.--
6 (1) All markers placed on waters of this state must
7 conform to the requirements of the United States Aid to
8 Navigation System, 33 C.F.R., part 62. The Department of
9 Environmental Protection may shall adopt by rule procedures
10 for applications and specifications for design, placement,
11 maintenance, and removal of markers rules and regulations
12 establishing a uniform system of regulatory markers for the
13 Florida Intracoastal Waterway, compatible with the system of
14 regulatory markers prescribed by the United States Coast
15 Guard, and shall give due regard to the System of Uniform
16 Waterway Markers approved by the Advisory Panel of State
17 Officials to the Merchant Marine Council, United States Coast
18 Guard.
19 (2) Where the department has, under s. 327.46,
20 established a restricted area at the specific request of a
21 municipality, county, or other governmental entity, the
22 governmental entity that requested the establishment of the
23 restricted area shall install, maintain, and, if necessary,
24 modify or remove the markers associated with the restricted
25 area as directed by the division Any county or municipality
26 which has been granted a restricted area designation, pursuant
27 to s. 327.46, for a portion of the Florida Intracoastal
28 Waterway within its jurisdiction may apply to the Department
29 of Environmental Protection for permission to place regulatory
30 markers within the restricted area.
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Florida Senate - 1998 SB 1340 (Corrected Copy)
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1 (3)(a) Application for placing channel regulatory
2 markers on the waters of this state not concurrently under the
3 jurisdiction of the United States Coast Guard under 33 C.F.R.,
4 part 62, Florida Intracoastal Waterway shall be made to the
5 division of Marine Resources, accompanied by: a list of the
6 markers for which the permit application is made; a statement
7 of the exact location where each marker will be placed; a map
8 or drawing depicting locating the approximate placement of the
9 markers;, a statement of the specification of the markers;, a
10 statement of purpose of the markers;, and a statement of the
11 person or governmental entity city or county responsible for
12 the placement and upkeep of the markers; and, for regulatory
13 markers, a copy of the law, ordinance, rule, or other
14 governmental action establishing the regulation that the
15 regulatory markers will implement.
16 (b) A person or governmental entity placing channel
17 markers on waters subject to the concurrent jurisdiction of
18 the United States Coast Guard under 33 C.F.R. part 62, must,
19 if required by federal law or regulation, obtain a permit from
20 the United States Coast Guard and, upon furnishing a copy
21 thereof to the division, is exempt from further permitting
22 under this section.
23 (4)(a) No person or municipality, county, or other
24 governmental entity shall place any regulatory markers other
25 than a channel marker in, on, or over the waters of this state
26 or the shores thereof Florida Intracoastal Waterway without a
27 permit from the Division of Marine Resources.
28 (b) A person or governmental entity may not place any
29 channel marker in, on, or over the waters of this state or
30 shores thereof without a permit from the division or from the
31 United States Coast Guard, as specified in paragraph (3)(b).
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Florida Senate - 1998 SB 1340 (Corrected Copy)
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1 (5) The division shall furnish applicants with
2 information concerning the waterway marking system adopted
3 under this section and the rules existing for placing and
4 maintaining waterway markers. The division shall keep records
5 of all approvals given, and counsel with individuals,
6 counties, municipalities, motorboat clubs, or other groups
7 desiring to mark waterways for safety and navigation purposes
8 in the state.
9 (6) The placement under this section of any safety or
10 navigation marker on state submerged lands does not subject
11 the lands to the lease requirements of chapter 253.
12 (7) Any marker that is placed or maintained in
13 violation of this section or rules adopted hereunder is
14 declared a nuisance. The division has the authority to remove
15 or to direct the immediate removal of any marker so placed or
16 maintained.
17 (8)(5) Aquaculture leaseholds shall be marked as
18 required by this section, and the department may approve
19 alternative marking requirements as a condition of the lease
20 pursuant to s. 253.68. The provisions of this section
21 notwithstanding, no permit shall be required for the placement
22 of markers required by such a lease.
23 Section 3. Section 327.46, Florida Statutes, is
24 amended to read:
25 327.46 Restricted areas.--
26 (1)(a) The department shall have the authority for
27 establishing, by rule, restricted areas on the waters of the
28 state for any purpose deemed necessary for the safety of the
29 public, including, but not limited to, vessel boat speeds and
30 vessel boat traffic where such restrictions are deemed
31 necessary based on boating accidents, visibility, hazardous
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Florida Senate - 1998 SB 1340 (Corrected Copy)
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1 tides or currents, vessel traffic congestion, or other
2 navigational hazards. Each such restricted area shall be
3 developed in consultation and coordination with the governing
4 body of the county or municipality in which the restricted
5 area is located and, where required, with the United States
6 Coast Guard and the United States Army Corps of Engineers.
7 Restricted areas shall be established by the department in
8 accordance with procedures under chapter 120.
9 (b) Restricted areas on waters other than the Florida
10 Intracoastal Waterway may be created only for public safety
11 purposes, as provided in paragraph (a), by counties and
12 municipalities by ordinance under the provisions of s. 327.60.
13 The department may provide consultation and assistance in the
14 development of restricted areas and shall, upon request from
15 the local government, coordinate consultation and cooperation
16 with the United States Coast Guard and the United States Army
17 Corps of Engineers.
18 (2) It is unlawful for any person to operate a vessel
19 in a prohibited manner or to carry on any prohibited activity
20 as defined in this chapter deemed a safety hazard or
21 interference with navigation as provided above within a
22 restricted water area that which has been clearly marked by
23 buoys or some other distinguishing device as a bathing or
24 otherwise restricted area in accordance with and marked as
25 authorized under this chapter; however, provided, that this
26 section does shall not apply in the case of an emergency or to
27 a law enforcement, fire-fighting, patrol or rescue vessel
28 owned or operated by a governmental entity craft.
29 Section 4. Section 327.40, Florida Statutes, is
30 repealed.
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Florida Senate - 1998 SB 1340 (Corrected Copy)
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1 Section 5. This act shall take effect upon becoming a
2 law.
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5 SENATE SUMMARY
6 Authorizes the Department of Environmental Protection to
adopt rules regarding the safety of vessels in waterways.
7 Revises the law to conform to existing federal
requirements for waterway markers.
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