Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 2536 Barcode 514466 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/06/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Constantine) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 1578 - 1631 4 and insert: 5 is directed to establish a pilot program to explore 6 potential options for regulating the anchoring or mooring of 7 non-live-aboard vessels outside the marked boundaries of public 8 mooring fields. 9 (1) The goals of the pilot program are to encourage the 10 establishment of additional public mooring fields and to develop 11 and test policies and regulatory regimes that: 12 (a) Promote the establishment and use of public mooring 13 fields. 14 (b) Promote public access to the waters of this state. 15 (c) Enhance navigational safety. 16 (d) Protect maritime infrastructure. 17 (e) Protect the marine environment. 18 (f) Deter improperly stored, abandoned, or derelict 19 vessels. 20 (2) Each location selected for inclusion in the pilot 21 program must be associated with a properly permitted mooring 22 field. The commission, in consultation with the department, 23 shall select all locations for the pilot program prior to July 24 1, 2011. Two locations shall be off the east coast of Florida, 25 two locations shall be off the west coast of Florida, and one 26 location shall be within Monroe County. The locations selected 27 must be geographically diverse and take into consideration the 28 various users and means of using the waters of this state. 29 (3) Notwithstanding the provisions of s. 327.60, Florida 30 Statutes, a county or municipality selected for participation in 31 the pilot program may regulate by ordinance the anchoring of 32 vessels, other than live-aboard vessels as defined in s. 327.02, 33 Florida Statutes, outside of a mooring field. Any ordinance 34 enacted under the pilot program shall take effect and become 35 enforceable only after approval by the commission. The 36 commission shall not approve any ordinance not consistent with 37 the goals of the pilot program. 38 (4) The commission shall: 39 (a) Provide consultation and technical assistance to each 40 municipality or county selected for participation in the pilot 41 program to facilitate accomplishment of the pilot program’s 42 goals. 43 (b) Coordinate the review of any proposed ordinance with 44 the department; the Coast Guard; the Florida Inland Navigation 45 District or the West Coast Inland Navigation District, as 46 appropriate; and associations or other organizations 47 representing vessel owners or operators. 48 (c) Monitor and evaluate at least annually each location 49 selected for participation in the pilot program and make such 50 modifications as may be necessary to accomplish the pilot 51 program’s goals. 52 (5) The commission shall submit a report of its findings 53 and recommendations to the Governor, the President of the 54 Senate, and the Speaker of the House of Representatives by 55 January 1, 2014. 56 (6) The pilot program shall expire on July 1, 2014, unless 57 reenacted by the Legislature. All ordinances enacted under this 58 section shall expire concurrently with the expiration of the 59 pilot program and shall be inoperative and unenforceable 60 thereafter. 61 (7) Nothing in this section shall be construed to affect 62 any mooring field authorized pursuant to s. 327.40, part IV of 63 chapter 373, and s. 253.77, as applicable, or any lawful 64 ordinance regulating the anchoring of any vessels within the 65 marked boundaries of such mooring fields. 66 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 Delete line 176 71 and insert: 72 providing geographic regions for the pilot project; 73 specifying the goals of the pilot program; providing