Senate Bill sb1404c1

    Florida Senate - 2004                           CS for SB 1404

    By the Committee on Natural Resources; and Senator Alexander





    312-2038-04

  1                      A bill to be entitled

  2         An act relating to waterway markers; amending

  3         s. 327.40, F.S.; providing for the placement of

  4         certain markers on waterways by specified

  5         governmental entities; providing an exemption

  6         with regard to appearance of said markers;

  7         providing that the placement of specified

  8         markers on state submerged lands does not

  9         subject such lands to certain lease

10         requirements; providing an effective date.

11  

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

13  

14         Section 1.  Paragraph (c) of subsection (2) of section

15  327.40, Florida Statutes, is redesignated as subsection (4), a

16  new paragraph (c) is added to subsection (2), and subsection

17  (3) of said section is amended, to read:

18         327.40  Uniform waterway markers for safety, and

19  navigation, and information.--

20         (2)

21         (c)  The placement of informational markers, including,

22  but not limited to, end of boat ramp, no swimming, swimming

23  area, lake name, trash receptacle, public health notice,

24  underwater hazard, canal, regulatory, emergency, and special

25  event markers by counties, municipalities, or other

26  governmental entities in, on, or over the waters or shores of

27  landlocked inland lakes and their associated canals is exempt

28  from permitting under this section. These markers, with the

29  exception of swimming area and special event markers, must be

30  placed 50 feet or less from the normal shoreline. The

31  appearance of markers placed by counties, municipalities, or

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






    Florida Senate - 2004                           CS for SB 1404
    312-2038-04




 1  other governmental entities pursuant to this paragraph is not

 2  required to conform to the United States Aids to Navigation

 3  System, 33 C.F.R. part 62, or any uniform system of waterway

 4  markers adopted by the commission. Notwithstanding the

 5  exemption created by this paragraph, counties, municipalities,

 6  and other governmental entities shall comply with federal laws

 7  and regulations when placing informational markers on

 8  federally regulated waters.

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

10  or any marker specified in paragraph (2)(c) on state submerged

11  lands under this section does not subject such lands to the

12  lease requirements of chapter 253.

13         (4)(c)  The commission is authorized to adopt rules

14  pursuant to chapter 120 to implement this section.

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

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1404

20                                 

21  The committee substitute clarifies that the placement of
    certain information markers on landlocked inland lakes and
22  their associated canals is exempt from certain permitting
    requirements. Further, the appearance of such markers need not
23  conform to the provisions contained in the U.S. Aids to
    Navigation System, 33 C.F.R. part 62, or any uniform system of
24  waterway markers adopted by the Fish and Wildlife Conservation
    Commission. Notwithstanding this exemption, counties,
25  municipalities, and other governmetnal entities shall comply
    with federal laws and regulations when placing informational
26  markers on federally regulated waters.

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