| 1 | A bill to be entitled |
| 2 | An act relating to inland lakes and canals; amending s. |
| 3 | 327.40, F.S.; exempting from permitting requirements the |
| 4 | placement of informational markers on inland lakes and |
| 5 | associated canals by counties, municipalities, or other |
| 6 | governmental entities; providing requirements for |
| 7 | placement of such markers; specifying that placement of |
| 8 | informational markers on state submerged lands does not |
| 9 | subject such lands to specified lease requirements; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 327.40, Florida Statutes, is amended to |
| 15 | read: |
| 16 | 327.40 Uniform waterway markers for safety and navigation; |
| 17 | informational markers.-- |
| 18 | (1) Waterways in Florida which need marking for safety or |
| 19 | navigation purposes shall be marked under the United States Aids |
| 20 | to Navigation System, 33 C.F.R. part 62. Until December 31, |
| 21 | 2003, channel markers and obstruction markers conforming to the |
| 22 | Uniform State Waterway Marking System, 33 C.F.R. subpart 66.10, |
| 23 | may continue to be used on waters of this state that are not |
| 24 | navigable waters of the United States. |
| 25 | (2)(a) Application for marking inland lakes and state |
| 26 | waters and any navigable waters under concurrent jurisdiction of |
| 27 | the Coast Guard and the division shall be made to the division, |
| 28 | accompanied by a map locating the approximate placement of |
| 29 | markers, a list of the markers to be placed, a statement of the |
| 30 | specification of the markers, a statement of the purpose of |
| 31 | marking, and the names of persons responsible for the placement |
| 32 | and upkeep of such markers. The division will assist the |
| 33 | applicant to secure the proper permission from the Coast Guard |
| 34 | where required, make such investigations as needed, and issue a |
| 35 | permit. The division shall furnish the applicant with the |
| 36 | information concerning the system adopted and the rules existing |
| 37 | for placing and maintaining the markers. The division shall keep |
| 38 | records of all approvals given and counsel with individuals, |
| 39 | counties, municipalities, motorboat clubs, or other groups |
| 40 | desiring to mark waterways for safety and navigation purposes in |
| 41 | Florida. |
| 42 | (b)1. No person or municipality, county, or other |
| 43 | governmental entity shall place any safety or navigation markers |
| 44 | in, on, or over the waters or shores of the state without a |
| 45 | permit from the division. |
| 46 | 2. The placement of informational markers, including, but |
| 47 | not limited to, markers indicating end of boat ramp, no |
| 48 | swimming, swimming area, lake name, trash receptacle, public |
| 49 | health notice, or underwater hazard and canal, regulatory, |
| 50 | emergency, and special event markers, by counties, |
| 51 | municipalities, or other governmental entities on inland lakes |
| 52 | and their associated canals are exempt from permitting under |
| 53 | this section. Such markers, excluding swimming area and special |
| 54 | event markers, may be no more than 50 feet from the normal |
| 55 | shoreline. |
| 56 | (c) The commission is authorized to adopt rules pursuant |
| 57 | to chapter 120 to implement this section. |
| 58 | (3) The placement of any safety or navigation marker or |
| 59 | any informational marker under subparagraph (2)(b)2. on state |
| 60 | submerged lands under this section does not subject such lands |
| 61 | to the lease requirements of chapter 253. |
| 62 | Section 2. This act shall take effect upon becoming a law. |