SENATE AMENDMENT
Bill No. HB 415, 1st Eng.
Amendment No. ___ Barcode 320596
CHAMBER ACTION
Senate House
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04/07/2004 11:52 AM .
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11 Senator Alexander moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Beginning on page 1, line 12, through page 2, line 36
15 delete those lines
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17 and insert:
18 Section 1. Section 327.40, Florida Statutes, is
19 amended, to read:
20 327.40 Uniform waterway markers for safety, and
21 navigation, and information.--
22 (1) Waterways in Florida which need marking for safety
23 or navigation purposes shall be marked under the United States
24 Aids to Navigation System, 33 C.F.R. part 62. Until December
25 31, 2003, channel markers and obstruction markers conforming
26 to the Uniform State Waterway Marking System, 33 C.F.R.
27 subpart 66.10, may continue to be used on waters of this state
28 that are not navigable waters of the United States. After
29 December 31, 2003, any new or replacement markers must conform
30 to the United States Aids to Navigation System, 33 C.F.R. part
31 62.
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SENATE AMENDMENT
Bill No. HB 415, 1st Eng.
Amendment No. ___ Barcode 320596
1 (2)(a) Application for marking inland lakes and state
2 waters and any navigable waters under concurrent jurisdiction
3 of the Coast Guard and the division shall be made to the
4 division, accompanied by a map locating the approximate
5 placement of markers, a list of the markers to be placed, a
6 statement of the specification of the markers, a statement of
7 the purpose of marking, and the names of persons responsible
8 for the placement and upkeep of such markers. The division
9 will assist the applicant to secure the proper permission from
10 the Coast Guard where required, make such investigations as
11 needed, and issue a permit. The division shall furnish the
12 applicant with the information concerning the system adopted
13 and the rules existing for placing and maintaining the
14 markers. The division shall keep records of all approvals
15 given and counsel with individuals, counties, municipalities,
16 motorboat clubs, or other groups desiring to mark waterways
17 for safety and navigation purposes in Florida.
18 (b) No person or municipality, county, or other
19 governmental entity shall place any safety or navigation
20 markers in, on, or over the waters or shores of the state
21 without a permit from the division.
22 (c) The placement of informational markers, including,
23 but not limited to, end of boat ramp, no swimming, swimming
24 area, lake name, trash receptacle, public health notice,
25 underwater hazard, canal, regulatory, emergency, and special
26 event markers by counties, municipalities, or other
27 governmental entities in, on, or over the waters or shores of
28 landlocked inland lakes and their associated canals does not
29 require permitting under this section. These markers, with the
30 exception of swimming area and special event markers, must be
31 placed 50 feet or less from the normal shoreline. The
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4:52 PM 03/30/04 h0415.nr17.01
SENATE AMENDMENT
Bill No. HB 415, 1st Eng.
Amendment No. ___ Barcode 320596
1 appearance of markers placed by counties, municipalities, or
2 other governmental entities pursuant to this paragraph, except
3 for those markers intended to protect the public health and
4 safety, is not required to conform to the United States Aids
5 to Navigation System, 33 C.F.R. part 62, or any uniform system
6 of waterway markers adopted by the commission. Notwithstanding
7 this paragraph, counties, municipalities, and other
8 governmental entities shall comply with federal laws and
9 regulations when placing informational markers on federally
10 regulated waters.
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14 And the title is amended as follows:
15 On page 1, lines 3-5,delete those lines
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17 insert:
18 F.S.; providing for the appearance of any new
19 or replacement markers after December 31, 2003;
20 providing for the placement and appearance of
21 certain markers on waterways by specified
22 governmental entities; providing exceptions;
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