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

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    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

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    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.
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