Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1946
       
       
       
       
       
       
                                Ì331560zÎ331560                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1a/AD/2R         .                                
             04/21/2021 12:17 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Polsky moved the following:
       
    1         Senate Amendment to Amendment (555226) (with title
    2  amendment)
    3  
    4         Delete lines 29 - 78
    5  and insert:
    6         (2)(a) Notwithstanding s. 327.60(2)(f), a county, except
    7  for Monroe County, may establish, in accordance with this
    8  subsection, an anchoring limitation area adjacent to urban areas
    9  that have residential docking facilities and significant
   10  recreational boating traffic. The aggregate total of anchoring
   11  limitation areas in a county may not exceed 10 percent of the
   12  county’s delineated navigable-in-fact waterways. As used in this
   13  subsection, the term “navigable-in-fact waterways” means
   14  waterways that are navigable in their natural or unimproved
   15  condition over which useful commerce or public recreation of a
   16  substantial and permanent character is or may be conducted in
   17  the customary mode of trade and travel on water. The term does
   18  not include lakes or streams that are theoretically navigable;
   19  have a potential for navigability; or are temporary, precarious,
   20  and unprofitable, but the term does include lakes or streams
   21  that have practical usefulness to the public as highways for
   22  transportation. Each anchoring limitation area must meet all of
   23  the following requirements:
   24         1. Be less than 100 acres in size. For purposes of this
   25  subsection, the calculated size of the anchoring limitation area
   26  does not include any portion of the marked channel of the
   27  Florida Intracoastal Waterway contiguous to the anchoring
   28  limitation area;
   29         2. Not include any mooring field or marina; and
   30         3. Be clearly marked with all of the following:
   31         a. Signs that provide reasonable notice to boaters
   32  identifying the duration of time beyond which anchoring is
   33  limited and identifying the county ordinance by which the
   34  anchoring limitation area was created.
   35         b. Buoys. The county that has created an anchoring
   36  limitation area shall install and maintain buoys marking the
   37  boundary of the anchoring limitation area.
   38  
   39  The signs and buoys must be permitted and installed in
   40  accordance with ss. 327.40 and 327.41 and commission rule.
   41         (b) Except as provided in subsections (4) and (5), a person
   42  may not anchor a vessel for more than 45 consecutive days in any
   43  6-month period in an anchoring limitation area established
   44  pursuant to this subsection.
   45         (c) A county proposing establishment of an anchoring
   46  limitation area in accordance with this subsection shall provide
   47  notice to the commission at least 30 days before introducing an
   48  ordinance to establish the anchoring limitation area. The
   49  commission shall publish notice of the proposed ordinance on its
   50  website and distribute such notice through the commission’s
   51  Boating and Waterways Section e-mail distribution list for
   52  ordinances.
   53         (3)(a) Monroe County is designated as an anchoring
   54  limitation area within which a
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete lines 234 - 236
   59  and insert:
   60         designating Monroe County as an anchoring limitation
   61         area; providing requirements for such area;