Senate Bill sb1404c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1404
By the Committees on Comprehensive Planning; Natural
Resources; and Senator Alexander
316-2288-04
1 A bill to be entitled
2 An act relating to waterway markers; amending
3 s. 327.40, F.S.; providing for the appearance
4 of any new or replacement markers after
5 December 31, 2003; providing for the placement
6 and appearance of certain markers on waterways
7 by specified governmental entities; providing
8 exceptions; providing that the placement of
9 specified markers on state submerged lands does
10 not subject such lands to certain lease
11 requirements; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 327.40, Florida Statutes, is
16 amended, to read:
17 327.40 Uniform waterway markers for safety, and
18 navigation, and information.--
19 (1) Waterways in Florida which need marking for safety
20 or navigation purposes shall be marked under the United States
21 Aids to Navigation System, 33 C.F.R. part 62. Until December
22 31, 2003, channel markers and obstruction markers conforming
23 to the Uniform State Waterway Marking System, 33 C.F.R.
24 subpart 66.10, may continue to be used on waters of this state
25 that are not navigable waters of the United States. After
26 December 31, 2003, any new or replacement markers must conform
27 to the United States Aids to Navigation System, 33 C.F.R. part
28 62.
29 (2)(a) Application for marking inland lakes and state
30 waters and any navigable waters under concurrent jurisdiction
31 of the Coast Guard and the division shall be made to the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1404
316-2288-04
1 division, accompanied by a map locating the approximate
2 placement of markers, a list of the markers to be placed, a
3 statement of the specification of the markers, a statement of
4 the purpose of marking, and the names of persons responsible
5 for the placement and upkeep of such markers. The division
6 will assist the applicant to secure the proper permission from
7 the Coast Guard where required, make such investigations as
8 needed, and issue a permit. The division shall furnish the
9 applicant with the information concerning the system adopted
10 and the rules existing for placing and maintaining the
11 markers. The division shall keep records of all approvals
12 given and counsel with individuals, counties, municipalities,
13 motorboat clubs, or other groups desiring to mark waterways
14 for safety and navigation purposes in Florida.
15 (b) No person or municipality, county, or other
16 governmental entity shall place any safety or navigation
17 markers in, on, or over the waters or shores of the state
18 without a permit from the division.
19 (c) The placement of informational markers, including,
20 but not limited to, end of boat ramp, no swimming, swimming
21 area, lake name, trash receptacle, public health notice,
22 underwater hazard, canal, regulatory, emergency, and special
23 event markers by counties, municipalities, or other
24 governmental entities in, on, or over the waters or shores of
25 landlocked inland lakes and their associated canals does not
26 require permitting under this section. These markers, with the
27 exception of swimming area and special event markers, must be
28 placed 50 feet or less from the normal shoreline. The
29 appearance of markers placed by counties, municipalities, or
30 other governmental entities pursuant to this paragraph, except
31 for those markers intended to protect the public health and
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 1404
316-2288-04
1 safety, is not required to conform to the United States Aids
2 to Navigation System, 33 C.F.R. part 62, or any uniform system
3 of waterway markers adopted by the commission. Notwithstanding
4 this paragraph, counties, municipalities, and other
5 governmental entities shall comply with federal laws and
6 regulations when placing informational markers on federally
7 regulated waters.
8 (3) The placement of any safety or navigation marker
9 or any marker specified in paragraph (2)(c) on state submerged
10 lands under this section does not subject such lands to the
11 lease requirements of chapter 253.
12 (4)(c) The commission is authorized to adopt rules
13 pursuant to chapter 120 to implement this section.
14 Section 2. This act shall take effect upon becoming a
15 law.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 CS/SB 1404
19
20 The committee substitute requires any new or replacement
markers, after December 31, 2003, to conform to the United
21 States Aids to Navigation System, 33 C.F.R. part 62. It
clarifies that permits are not required for certain
22 informational markers. It specifies that informational markers
placed by certain governmental entities and intended to
23 protect the public health and safety must conform to the
United States Aids to Navigation System, 33 C.F.R. part 62, or
24 any uniform system of waterway markers adopted by the Fish and
Wildlife Conservation Commission.
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.