Florida Senate - 2021 CS for CS for CS for SB 1946
By the Committees on Rules; Community Affairs; and Environment
and Natural Resources; and Senators Polsky and Bean
595-04295-21 20211946c3
1 A bill to be entitled
2 An act relating to anchoring limitation areas;
3 amending s. 327.4108, F.S.; providing that certain
4 areas are grandfathered-in anchoring limitation areas;
5 authorizing counties to establish anchoring limitation
6 areas that meet certain requirements; defining the
7 term “navigable-in-fact waterways”; specifying size
8 requirements for the anchoring limitation areas;
9 requiring the anchoring limitation areas to be marked
10 with signs and buoys that meet certain requirements;
11 prohibiting vessels from anchoring in such areas for
12 longer than a specified time; requiring counties to
13 provide notice to the Fish and Wildlife Conservation
14 Commission within a specified timeframe before
15 establishing an anchoring limitation area; requiring
16 the commission to publish notice of the proposed
17 ordinance on its website and distribute an e-mail
18 notice; prohibiting Monroe County from establishing an
19 anchoring limitation area until the county meets
20 certain requirements; requiring the commission to
21 designate a specified area as a priority for the
22 investigation and removal of derelict vessels until
23 certain conditions are met; requiring owners or
24 operators in certain anchoring limitation areas to be
25 allowed to provide specified proof of compliance with
26 certain provisions; authorizing law enforcement
27 officers or agencies to issue citations for violations
28 under certain circumstances; providing that vessels
29 with a specified number of repeat offenses within a
30 specified timeframe shall be declared public nuisances
31 and subject to certain provisions; removing
32 applicability provisions relating to the commission’s
33 recommendations; reenacting s. 327.73(1)(z), F.S.,
34 relating to noncriminal infractions, to incorporate
35 the amendment made to s. 327.4108, F.S., in a
36 reference thereto; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Section 327.4108, Florida Statutes, is amended
41 to read:
42 327.4108 Anchoring of vessels in anchoring limitation
43 areas.—
44 (1)(a) The following densely populated urban areas, which
45 have narrow state waterways, residential docking facilities, and
46 significant recreational boating traffic, are designated as and
47 shall be considered to be grandfathered-in anchoring limitation
48 areas:
49 1.(a) The section of Middle River lying between Northeast
50 21st Court and the Intracoastal Waterway in Broward County.
51 2.(b) Sunset Lake in Miami-Dade County.
52 3.(c) The sections of Biscayne Bay in Miami-Dade County
53 lying between:
54 a.1. Rivo Alto Island and Di Lido Island.
55 b.2. San Marino Island and San Marco Island.
56 c.3. San Marco Island and Biscayne Island.
57 (b)(2) To promote the public’s use and enjoyment of the
58 designated waterway, except as provided in subsections (3) and
59 (4), a person may not anchor a vessel at any time during the
60 period between one-half hour after sunset and one-half hour
61 before sunrise in an anchoring limitation area designated under
62 this subsection.
63 (2)(a) Notwithstanding s. 327.60(2)(f), a county may
64 establish, in accordance with this subsection, an anchoring
65 limitation area adjacent to urban areas that have residential
66 docking facilities and significant recreational boating traffic.
67 The aggregate total of anchoring limitation areas in a county
68 may not exceed 10 percent of the county’s delineated navigable
69 in-fact waterways. As used in this subsection, the term
70 “navigable-in-fact waterways” means waterways that are navigable
71 in their natural or unimproved condition over which useful
72 commerce or public recreation of a substantial and permanent
73 character is or may be conducted in the customary mode of trade
74 and travel on water. The term does not include lakes or streams
75 that are theoretically navigable; have a potential for
76 navigability; or are temporary, precarious, and unprofitable,
77 but the term does include lakes or streams that have practical
78 usefulness to the public as highways for transportation. Each
79 anchoring limitation area must meet all of the following
80 requirements:
81 1. Be less than 100 acres in size. For purposes of this
82 subsection, the calculated size of the anchoring limitation area
83 does not include any portion of the marked channel of the
84 Florida Intracoastal Waterway contiguous to the anchoring
85 limitation area;
86 2. Not include any mooring field or marina; and
87 3. Be clearly marked with all of the following:
88 a. Signs that provide reasonable notice to boaters
89 identifying the duration of time beyond which anchoring is
90 limited and identifying the county ordinance by which the
91 anchoring limitation area was created.
92 b. Buoys. The county that has created an anchoring
93 limitation area shall install and maintain buoys marking the
94 boundary of the anchoring limitation area.
95
96 The signs and buoys must be permitted and installed in
97 accordance with ss. 327.40 and 327.41 and commission rule.
98 (b) Except as provided in subsections (3) and (4), a person
99 may not anchor a vessel for more than 45 consecutive days in any
100 6-month period in an anchoring limitation area established
101 pursuant to this subsection.
102 (c) A county proposing establishment of an anchoring
103 limitation area in accordance with this subsection shall provide
104 notice to the commission 30 days before final adoption of an
105 ordinance establishing such anchoring limitation area. The
106 commission shall publish notice of the proposed ordinance on its
107 website and distribute such notice through the commission’s
108 Boating and Waterways Section e-mail distribution list for
109 ordinances.
110 (d) Monroe County may not establish an anchoring limitation
111 area under this subsection until the county approves, permits,
112 and opens new moorings for public use, including at least 250
113 moorings within 1 mile of the Key West Bight City Dock and at
114 least 50 moorings within the Key West Garrison Bight Mooring
115 Field. Until such time, the commission shall designate the area
116 within 1 mile of the Key West Bight City Dock as a priority for
117 the investigation and removal of derelict vessels.
118 (3) Notwithstanding subsections (1) and subsection (2), a
119 person may anchor a vessel in an anchoring limitation area:
120 (a) If the vessel suffers a mechanical failure that poses
121 an unreasonable risk of harm to the vessel or the persons
122 onboard unless the vessel anchors. The vessel may anchor for 3
123 business days or until the vessel is repaired, whichever occurs
124 first.
125 (b) If imminent or existing weather conditions in the
126 vicinity of the vessel pose an unreasonable risk of harm to the
127 vessel or the persons onboard unless the vessel anchors. The
128 vessel may anchor until weather conditions no longer pose such
129 risk. During a hurricane or tropical storm, weather conditions
130 are deemed to no longer pose an unreasonable risk of harm when
131 the hurricane or tropical storm warning affecting the area has
132 expired.
133 (c) During events described in s. 327.48 or other special
134 events, including, but not limited to, public music
135 performances, local government waterfront activities, or
136 fireworks displays. A vessel may anchor for the lesser of the
137 duration of the special event or 3 days.
138 (4) This section does not apply to:
139 (a) Vessels owned or operated by a governmental entity for
140 law enforcement, firefighting, military, or rescue purposes.
141 (b) Construction or dredging vessels on an active job site.
142 (c) Vessels actively engaged in commercial fishing.
143 (d) Vessels engaged in recreational fishing if the persons
144 onboard are actively tending hook and line fishing gear or nets.
145 (5)(a) As used in this subsection, the term “law
146 enforcement officer or agency” means an officer or agency
147 authorized to enforce this section pursuant to s. 327.70.
148 (b)1. For a vessel in an anchoring limitation area
149 established pursuant to subsection (2), upon an inquiry by a law
150 enforcement officer or agency, a vessel owner or operator must
151 be given an opportunity to provide proof that the vessel has not
152 exceeded the limitations described in subsection (2). Such proof
153 may include any of the following:
154 a. Documentation showing that the vessel was in another
155 location at least 1 mile away within a period of less than 45
156 days before the inquiry.
157 b. Electronic evidence, including, but not limited to,
158 navigational devices or tracking devices that show the vessel
159 was in another location at least 1 mile away within a period of
160 less than 45 days before the inquiry.
161 2. If a vessel owner or operator fails or refuses to
162 provide proof that the vessel has not exceeded the limitations
163 described in subsection (2), the law enforcement officer or
164 agency may issue a citation for a violation of this section.
165 (c)(b) A law enforcement officer or agency may remove a
166 vessel from an anchoring limitation area designated under
167 subsection (1) or established pursuant to subsection (2) and
168 impound the vessel for up to 48 hours, or cause such removal and
169 impoundment, if the vessel operator, after being issued a
170 citation for a violation of this section:
171 1. Anchors the vessel in violation of this section within
172 12 hours after being issued the citation; or
173 2. Refuses to leave the anchoring limitation area after
174 being directed to do so by a law enforcement officer or agency.
175 (d) A vessel that is the subject of more than three
176 violations within 12 months which result in dispositions other
177 than acquittal or dismissal shall be declared to be a public
178 nuisance and subject to s. 705.103, or for a derelict vessel,
179 subject to s. 823.11.
180 (e)(c) A law enforcement officer or agency acting under
181 this subsection to remove or impound a vessel, or to cause such
182 removal or impoundment, shall be held harmless for any damage to
183 the vessel resulting from such removal or impoundment unless the
184 damage results from gross negligence or willful misconduct.
185 (f)(d) A contractor performing removal or impoundment
186 services at the direction of a law enforcement officer or agency
187 pursuant to this subsection must:
188 1. Be licensed in accordance with United States Coast Guard
189 regulations, as applicable.
190 2. Obtain and carry a current policy issued by a licensed
191 insurance carrier in this state to insure against any accident,
192 loss, injury, property damage, or other casualty caused by or
193 resulting from the contractor’s actions.
194 3. Be properly equipped to perform such services.
195 (g)(e) In addition to the civil penalty imposed under s.
196 327.73(1)(z), the operator of a vessel that is removed and
197 impounded pursuant to paragraph (c) (b) must pay all removal and
198 storage fees before the vessel is released. A vessel removed
199 pursuant to paragraph (c) (b) may not be impounded for longer
200 than 48 hours.
201 (6) A violation of this section is punishable as provided
202 in s. 327.73(1)(z).
203 (7) This section shall remain in effect notwithstanding the
204 Legislature’s adoption of the commission’s recommendations for
205 the regulation of mooring vessels outside of public mooring
206 fields pursuant to s. 327.4105.
207 Section 2. For the purpose of incorporating the amendment
208 made by this act to section 327.4108, Florida Statutes, in a
209 reference thereto, paragraph (z) of subsection (1) of section
210 327.73, Florida Statutes, is reenacted to read:
211 327.73 Noncriminal infractions.—
212 (1) Violations of the following provisions of the vessel
213 laws of this state are noncriminal infractions:
214 (z) Section 327.4108, relating to the anchoring of vessels
215 in anchoring limitation areas, for which the penalty is:
216 1. For a first offense, up to a maximum of $50.
217 2. For a second offense, up to a maximum of $100.
218 3. For a third or subsequent offense, up to a maximum of
219 $250.
220
221 Any person cited for a violation of any provision of this
222 subsection shall be deemed to be charged with a noncriminal
223 infraction, shall be cited for such an infraction, and shall be
224 cited to appear before the county court. The civil penalty for
225 any such infraction is $50, except as otherwise provided in this
226 section. Any person who fails to appear or otherwise properly
227 respond to a uniform boating citation shall, in addition to the
228 charge relating to the violation of the boating laws of this
229 state, be charged with the offense of failing to respond to such
230 citation and, upon conviction, be guilty of a misdemeanor of the
231 second degree, punishable as provided in s. 775.082 or s.
232 775.083. A written warning to this effect shall be provided at
233 the time such uniform boating citation is issued.
234 Section 3. This act shall take effect upon becoming a law.