Florida Senate - 2023                             CS for SB 1082
       
       
        
       By the Committee on Rules; and Senator DiCeglie
       
       
       
       
       
       595-04044-23                                          20231082c1
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.46, F.S.;
    3         authorizing counties and municipalities to establish
    4         slow speed, minimum wake boating-restricted areas
    5         within a specified distance from certain sewage
    6         pumpout facilities at public or private nonresidential
    7         marinas within certain portions of the Florida
    8         Intracoastal Waterway; amending s. 403.813, F.S.;
    9         removing a provision authorizing local governments to
   10         require permitting for certain floating vessel
   11         platforms; revising conditions under which local
   12         governments may require one-time registrations of
   13         floating vessel platforms; making technical changes;
   14         reenacting s. 327.41(2), F.S., relating to uniform
   15         waterway regulatory markers, to incorporate the
   16         amendment made to s. 327.46, F.S., in references
   17         thereto; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (b) of subsection (1) of section
   22  327.46, Florida Statutes, is amended to read:
   23         327.46 Boating-restricted areas.—
   24         (1) Boating-restricted areas, including, but not limited
   25  to, restrictions of vessel speeds and vessel traffic, may be
   26  established on the waters of this state for any purpose
   27  necessary to protect the safety of the public if such
   28  restrictions are necessary based on boating accidents,
   29  visibility, hazardous currents or water levels, vessel traffic
   30  congestion, or other navigational hazards or to protect
   31  seagrasses on privately owned submerged lands.
   32         (b) Municipalities and counties may establish the following
   33  boating-restricted areas by ordinance, including,
   34  notwithstanding the prohibition in s. 327.60(2)(c), within the
   35  portion of the Florida Intracoastal Waterway within their
   36  jurisdiction:
   37         1. An ordinance establishing an idle speed, no wake
   38  boating-restricted area, if the area is:
   39         a. Within 500 feet of any boat ramp, hoist, marine railway,
   40  or other launching or landing facility available for use by the
   41  general boating public on waterways more than 300 feet in width
   42  or within 300 feet of any boat ramp, hoist, marine railway, or
   43  other launching or landing facility available for use by the
   44  general boating public on waterways not exceeding 300 feet in
   45  width.
   46         b. Within 500 feet of fuel pumps or dispensers at any
   47  marine fueling facility that sells motor fuel to the general
   48  boating public on waterways more than 300 feet in width or
   49  within 300 feet of the fuel pumps or dispensers at any licensed
   50  terminal facility that sells motor fuel to the general boating
   51  public on waterways not exceeding 300 feet in width.
   52         c. Inside or within 300 feet of any lock structure.
   53         2. An ordinance establishing a slow speed, minimum wake
   54  boating-restricted area if the area is:
   55         a. Within 300 feet of any bridge fender system.
   56         b. Within 300 feet of any bridge span presenting a vertical
   57  clearance of less than 25 feet or a horizontal clearance of less
   58  than 100 feet.
   59         c. On a creek, stream, canal, or similar linear waterway if
   60  the waterway is less than 75 feet in width from shoreline to
   61  shoreline.
   62         d. On a lake or pond of less than 10 acres in total surface
   63  area.
   64         e. Within the boundaries of a permitted public mooring
   65  field and a buffer around the mooring field of up to 100 feet.
   66         f.Within 500 feet of a sewage pumpout facility at a public
   67  or private nonresidential marina on a waterway where the sewage
   68  pumpout facility is within 100 feet of the marked portion of the
   69  Florida Intracoastal Waterway.
   70         3. An ordinance establishing a vessel-exclusion zone if the
   71  area is:
   72         a. Designated as a public bathing beach or swim area,
   73  except that such areas may not be created on waters that include
   74  any portion of the Florida Intracoastal Waterway or that are
   75  within 100 feet of the marked channel of the Florida
   76  Intracoastal Waterway.
   77         b. Within 300 feet of a dam, spillway, or flood control
   78  structure.
   79  
   80  Vessel exclusion zones created pursuant to this subparagraph
   81  must be marked with uniform waterway markers permitted by the
   82  commission in accordance with this chapter. Such zones may not
   83  be marked by ropes.
   84         Section 2. Paragraph (s) of subsection (1) of section
   85  403.813, Florida Statutes, is amended to read:
   86         403.813 Permits issued at district centers; exceptions.—
   87         (1) A permit is not required under this chapter, chapter
   88  373, chapter 61-691, Laws of Florida, or chapter 25214 or
   89  chapter 25270, 1949, Laws of Florida, and a local government may
   90  not require a person claiming this exception to provide further
   91  department verification, for activities associated with the
   92  following types of projects; however, except as otherwise
   93  provided in this subsection, this subsection does not relieve an
   94  applicant from any requirement to obtain permission to use or
   95  occupy lands owned by the Board of Trustees of the Internal
   96  Improvement Trust Fund or a water management district in its
   97  governmental or proprietary capacity or from complying with
   98  applicable local pollution control programs authorized under
   99  this chapter or other requirements of county and municipal
  100  governments:
  101         (s) The construction, installation, operation, or
  102  maintenance of floating vessel platforms or floating boat
  103  lifts., provided that such structures:
  104         1. To qualify for an exemption under this paragraph, the
  105  structure must:
  106         a. Float at all times in the water for the sole purpose of
  107  supporting a vessel so that the vessel is out of the water when
  108  not in use;
  109         b.2.Be Are wholly contained within a boat slip previously
  110  permitted under ss. 403.91-403.929, 1984 Supplement to the
  111  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  112  do not exceed a combined total of 500 square feet, or 200 square
  113  feet in an Outstanding Florida Water, when associated with a
  114  dock that is exempt under this subsection or associated with a
  115  permitted dock with no defined boat slip or attached to a
  116  bulkhead on a parcel of land where there is no other docking
  117  structure;
  118         c.3.Not be Are not used for any commercial purpose or for
  119  mooring vessels that remain in the water when not in use, and do
  120  not substantially impede the flow of water, create a
  121  navigational hazard, or unreasonably infringe upon the riparian
  122  rights of adjacent property owners, as defined in s. 253.141;
  123         d.4.Be Are constructed and used so as to minimize adverse
  124  impacts to submerged lands, wetlands, shellfish areas, aquatic
  125  plant and animal species, and other biological communities,
  126  including locating such structures in areas where seagrasses are
  127  least dense adjacent to the dock or bulkhead; and
  128         e.5.Are Not be constructed in areas specifically
  129  prohibited for boat mooring under conditions of a permit issued
  130  in accordance with ss. 403.91-403.929, 1984 Supplement to the
  131  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  132  other form of authorization issued by a local government.
  133         2.The owner of a structure Structures that qualifies
  134  qualify for an this exemption under this paragraph is not
  135  required are relieved from any requirement to obtain permission
  136  to use or occupy lands owned by the Board of Trustees of the
  137  Internal Improvement Trust Fund, and, with the exception of
  138  those structures attached to a bulkhead on a parcel of land
  139  where there is no docking structure, the structure may not be
  140  subject to any more stringent permitting requirements,
  141  registration requirements, or other regulation by any local
  142  government. For a floating vessel platform to be attached to a
  143  bulkhead on a parcel of land where there is no docking
  144  structure, a local government governments may require the
  145  platform owner to obtain a permit either permitting or one-time
  146  registration of the floating vessel platform platforms to be
  147  attached to a bulkhead on a parcel of land where there is no
  148  other docking structure as necessary to ensure compliance with
  149  local ordinances, codes, or regulations. A local government
  150  governments may require only a either permitting or one-time
  151  registration of all other floating vessel platforms where the
  152  platform owner self-certifies as necessary to ensure compliance
  153  with the exemption criteria in this section; to ensure
  154  compliance with local ordinances, codes, state-delegated or
  155  state-mandated plans or programs, or regulations relating to
  156  building or zoning, which may not be applied more stringently
  157  are no more stringent than, or inconsistent with, the exemption
  158  criteria in this section and or address subjects other than
  159  subjects addressed by the exemption criteria in this section;
  160  and to ensure proper installation, maintenance, and
  161  precautionary or evacuation action following a tropical storm or
  162  hurricane watch of a floating vessel platform or floating boat
  163  lift that is proposed to be attached to a bulkhead or parcel of
  164  land where there is no other docking structure.
  165         3. The exemption provided in this paragraph is shall be in
  166  addition to the exemption provided in paragraph (b). The
  167  department shall adopt a general permit by rule for the
  168  construction, installation, operation, or maintenance of those
  169  floating vessel platforms or floating boat lifts that do not
  170  qualify for the exemption provided in this paragraph but do not
  171  cause significant adverse impacts to occur individually or
  172  cumulatively. The issuance of such general permit constitutes
  173  shall also constitute permission to use or occupy lands owned by
  174  the Board of Trustees of the Internal Improvement Trust Fund. A
  175  local government governments may not impose a more stringent
  176  regulation, permitting requirement, registration requirement, or
  177  other regulation covered by such general permit. A local
  178  government governments may require a structure owner to obtain
  179  either a permit permitting or one-time registration of floating
  180  vessel platforms as necessary to ensure compliance with the
  181  general permit in this section; to ensure compliance with local
  182  ordinances, codes, or regulations relating to building or zoning
  183  that are no more stringent than the general permit in this
  184  section; and to ensure proper installation and maintenance of a
  185  floating vessel platform or floating boat lift that is proposed
  186  to be attached to a bulkhead or parcel of land where there is no
  187  other docking structure.
  188         Section 3. For the purpose of incorporating the amendment
  189  made by this act to section 327.46, Florida Statutes, in
  190  references thereto, subsection (2) of section 327.41, Florida
  191  Statutes, is reenacted to read:
  192         327.41 Uniform waterway regulatory markers.—
  193         (2) Any county or municipality which has been granted a
  194  boating-restricted area designation, by rule of the commission
  195  pursuant to s. 327.46(1)(a), for a portion of the Florida
  196  Intracoastal Waterway within its jurisdiction or which has
  197  adopted a boating-restricted area by ordinance pursuant to s.
  198  327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other
  199  governmental entity which has legally established a boating
  200  restricted area, may apply to the commission for permission to
  201  place regulatory markers within the boating-restricted area.
  202         Section 4. This act shall take effect July 1, 2023.