Florida Senate - 2010                                    SB 2506
       
       
       
       By Senator Gelber
       
       
       
       
       35-01959-10                                           20102506__
    1                        A bill to be entitled                      
    2         An act relating to regulation of vessels; amending s.
    3         327.60, F.S.; removing restrictions on county and
    4         municipality regulation of certain non-live-aboard
    5         vessels not in navigation; providing an effective
    6         date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsections (2) and (3) of section 327.60,
   11  Florida Statutes, are amended to read:
   12         327.60 Local regulations; limitations.—
   13         (2) Nothing in this chapter or chapter 328 shall be
   14  construed to prevent the adoption of any ordinance or local
   15  regulation relating to operation of vessels, except that a
   16  county or municipality shall not enact, continue in effect, or
   17  enforce any ordinance or local regulation:
   18         (a) Establishing a vessel or associated equipment
   19  performance or other safety standard, imposing a requirement for
   20  associated equipment, or regulating the carrying or use of
   21  marine safety articles;
   22         (b) Relating to the design, manufacture, installation, or
   23  use of any marine sanitation device on any vessel;
   24         (c) Regulating any vessel upon the Florida Intracoastal
   25  Waterway;
   26         (d) Discriminating against personal watercraft;
   27         (e) Discriminating against airboats, for ordinances adopted
   28  after July 1, 2006, unless adopted by a two-thirds vote of the
   29  governing body enacting such ordinance;
   30         (f) Regulating the anchoring of vessels other than live
   31  aboard vessels outside the marked boundaries of mooring fields
   32  permitted as provided in s. 327.40;
   33         (f)(g) Regulating engine or exhaust noise, except as
   34  provided in s. 327.65; or
   35         (g)(h) That conflicts with any provisions of this chapter
   36  or any amendments thereto or rules adopted thereunder.
   37         (3) Nothing in this section shall be construed to prohibit
   38  local governmental authorities from the enactment or enforcement
   39  of regulations which prohibit or restrict the mooring or
   40  anchoring of floating structures or live-aboard vessels within
   41  their jurisdictions or of any vessels within the marked
   42  boundaries of mooring fields permitted as provided in s. 327.40.
   43  However, local governmental authorities are prohibited from
   44  regulating the anchoring outside of such mooring fields of non
   45  live-aboard vessels in navigation vessels other than live-aboard
   46  vessels as defined in s. 327.02.
   47         Section 2. This act shall take effect upon becoming a law.