SENATE AMENDMENT
    Bill No. HB 415, 1st Eng.
    Amendment No. ___   Barcode 361492
                            CHAMBER ACTION
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       04/07/2004 12:49 PM         .                    
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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 361492 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. Markers 2 7:16 AM 04/02/04 h0415.nr17.01.seg1
SENATE AMENDMENT Bill No. HB 415, 1st Eng. Amendment No. ___ Barcode 361492 1 placed pursuant to this paragraph must be properly maintained. 2 The appearance of markers placed by counties, municipalities, 3 or other governmental entities pursuant to this paragraph, 4 except for those markers intended to protect the public health 5 and safety, is not required to conform to the United States 6 Aids to Navigation System, 33 C.F.R. part 62, or any uniform 7 system of waterway markers adopted by the commission. 8 Notwithstanding this paragraph, counties, municipalities, and 9 other governmental entities shall comply with federal laws and 10 regulations when placing informational markers on federally 11 regulated waters. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, lines 3-5,delete those lines 17 18 insert: 19 F.S.; providing for the appearance of any new 20 or replacement markers after December 31, 2003; 21 providing for the placement and appearance of 22 certain markers on waterways by specified 23 governmental entities; providing exceptions; 24 25 26 27 28 29 30 31 3 7:16 AM 04/02/04 h0415.nr17.01.seg1