Florida Senate - 2022                                    SB 1432
       By Senator Rodriguez
       39-00834B-22                                          20221432__
    1                        A bill to be entitled                      
    2         An act relating to vessel anchoring; amending s.
    3         253.0346, F.S.; providing tenancy and lease conditions
    4         for approved and permitted mooring and mooring fields
    5         in Monroe County; amending s. 327.4108, F.S.;
    6         requiring certain anchored vessels in Monroe County to
    7         be re-anchored in a new location that meets certain
    8         requirements according to a specified timeframe;
    9         requiring the Fish and Wildlife Conservation
   10         Commission, in consultation with certain entities, to
   11         establish designated anchoring areas within the county
   12         by rule; providing requirements for the designated
   13         anchoring areas; providing an exception for certain
   14         domiciled vessels; removing provisions requiring the
   15         county to approve a specified number of moorings at
   16         specified locations; requiring certain vessels
   17         equipped with marine sanitation devices to maintain
   18         specified records of such devices; providing an
   19         effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Present subsection (4) of section 253.0346,
   24  Florida Statutes, is redesignated as subsection (5), and a new
   25  subsection (4) is added to that section, to read:
   26         253.0346 Lease of sovereignty submerged lands for marinas,
   27  boatyards, mooring fields, and marine retailers.—
   28         (4) Notwithstanding any other law, all of the following
   29  conditions apply for approved and permitted moorings or mooring
   30  fields in Monroe County:
   31         (a)The general tenancy on a mooring may exceed 12 months,
   32  if requested, but may not exceed 10 years.
   33         (b)A sovereign submerged land or other proprietary lease
   34  may not prohibit a vessel from an approved and permitted mooring
   35  or mooring field or limit the tenancy of a vessel because an
   36  individual has established it as his or her domicile in
   37  accordance with s. 222.17 or because the vessel is an
   38  individual’s primary residence.
   39         Section 2. Subsection (3) of section 327.4108, Florida
   40  Statutes, is amended to read:
   41         327.4108 Anchoring of vessels in anchoring limitation
   42  areas.—
   43         (3)(a) Monroe County is designated as an anchoring
   44  limitation area within which no less than once every a vessel on
   45  waters of the state may only be anchored in the same location
   46  for a maximum of 90 days each vessel anchored within Monroe
   47  County on waters of this state within 10 nautical miles of a
   48  public mooring field or a designated anchoring area must pull
   49  anchor and be moved from its location using the vessel’s
   50  propulsion system and be re-anchored in a new location. The new
   51  location must be:
   52         1.No less than one-half linear nautical mile from the
   53  vessel’s starting location. A vessel may not be re-anchored
   54  within one-half linear nautical mile from the vessel’s starting
   55  location for at least 90 days; or
   56         2.In a different designated anchoring area. A vessel may
   57  not be re-anchored in its originating designated anchoring area
   58  for at least 90 days after anchoring within a new designated
   59  anchoring area. The commission shall adopt rules to implement
   60  this subsection.
   61         (b) The commission, in consultation with Monroe County and
   62  the Florida Keys National Marine Sanctuary, shall establish by
   63  rule designated anchoring areas throughout the county. The
   64  designated anchoring areas must:
   65         1.Specify a maximum vessel draft for each area;
   66         2.Be created only in locations where the water depth is
   67  sufficient to allow vessels whose drafts are less than the
   68  area’s specified maximum vessel draft to navigate into and out
   69  of the areas without grounding or stranding;
   70         3.Not be located over coral reefs or other sensitive fish
   71  or wildlife habitat, to the maximum extent practicable, as
   72  determined by the commission;
   73         4.Not be located in an area subject to ongoing hazardous
   74  water currents or tides or containing navigational hazards; and
   75         5.Not be located within navigational channels, setbacks
   76  established by the United States Army Corps of Engineers
   77  associated with federal channels, areas where anchoring is
   78  prohibited pursuant to s. 327.4109, or any other lawfully
   79  established areas that prohibit anchoring.
   80         (c)Paragraph (a) does The anchoring limitations in this
   81  subsection do not apply to vessels moored to approved and
   82  permitted moorings or mooring fields.
   83         (d)(c)A vessel upon the waters of this state and within
   84  Monroe County for which the owner or occupant has established
   85  the vessel as a domicile in accordance with s. 222.17 is exempt
   86  from paragraph (a) Notwithstanding the commission rules adopted
   87  pursuant to this section, this section is not effective for
   88  Monroe County until at least 100 the county approves, permits,
   89  and opens new moorings are available for public use, including
   90  at least 250 moorings within 1 mile of the Key West Bight City
   91  Dock and at least 50 moorings within the Key West Garrison Bight
   92  Mooring Field. Until such time, the commission shall designate
   93  the area within 1 mile of the Key West Bight City Dock as a
   94  priority for the investigation and removal of derelict vessels.
   95         (e)All of the following vessels within Monroe County on
   96  waters of this state which are equipped with a marine sanitation
   97  device other than a marine composting toilet that processes and
   98  manages human waste using technologies that comply with United
   99  States Coast Guard requirements must maintain a record of the
  100  date of each pumpout of the marine sanitation device and the
  101  location of the pumpout station or waste reception facility for
  102  1 year after the date of the pumpout:
  103         1.A vessel that:
  104         a.Has enclosed living spaces or rooms; and
  105         b.Is used by a person as a dwelling or living space
  106  overnight at any time, notwithstanding whether or not the vessel
  107  is also used for navigation.
  108         2.A vessel moored in a public mooring field.
  109         Section 3. This act shall take effect July 1, 2022.