Florida Senate - 2023                                    SB 1314
       
       
        
       By Senator Wright
       
       
       
       
       
       8-01353-23                                            20231314__
    1                        A bill to be entitled                      
    2         An act relating to boating-restricted areas; amending
    3         s. 327.46, F.S.; authorizing counties and
    4         municipalities to establish within certain portions of
    5         the Florida Intracoastal Waterway slow speed, minimum
    6         wake boating-restricted areas within a specified
    7         distance from private or public marina pumpouts;
    8         reenacting s. 327.41(2), F.S., relating to uniform
    9         waterway regulatory markers, to incorporate the
   10         amendment made to s. 327.46, F.S., in a reference
   11         thereto; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (b) of subsection (1) of section
   16  327.46, Florida Statutes, is amended to read:
   17         327.46 Boating-restricted areas.—
   18         (1) Boating-restricted areas, including, but not limited
   19  to, restrictions of vessel speeds and vessel traffic, may be
   20  established on the waters of this state for any purpose
   21  necessary to protect the safety of the public if such
   22  restrictions are necessary based on boating accidents,
   23  visibility, hazardous currents or water levels, vessel traffic
   24  congestion, or other navigational hazards or to protect
   25  seagrasses on privately owned submerged lands.
   26         (b) Municipalities and counties may establish the following
   27  boating-restricted areas by ordinance, including,
   28  notwithstanding the prohibition in s. 327.60(2)(c), within the
   29  portion of the Florida Intracoastal Waterway within their
   30  jurisdiction:
   31         1. An ordinance establishing an idle speed, no wake
   32  boating-restricted area, if the area is:
   33         a. Within 500 feet of any boat ramp, hoist, marine railway,
   34  or other launching or landing facility available for use by the
   35  general boating public on waterways more than 300 feet in width
   36  or within 300 feet of any boat ramp, hoist, marine railway, or
   37  other launching or landing facility available for use by the
   38  general boating public on waterways not exceeding 300 feet in
   39  width.
   40         b. Within 500 feet of fuel pumps or dispensers at any
   41  marine fueling facility that sells motor fuel to the general
   42  boating public on waterways more than 300 feet in width or
   43  within 300 feet of the fuel pumps or dispensers at any licensed
   44  terminal facility that sells motor fuel to the general boating
   45  public on waterways not exceeding 300 feet in width.
   46         c. Inside or within 300 feet of any lock structure.
   47         2. An ordinance establishing a slow speed, minimum wake
   48  boating-restricted area if the area is:
   49         a. Within 300 feet of any bridge fender system.
   50         b. Within 300 feet of any bridge span presenting a vertical
   51  clearance of less than 25 feet or a horizontal clearance of less
   52  than 100 feet.
   53         c. On a creek, stream, canal, or similar linear waterway if
   54  the waterway is less than 75 feet in width from shoreline to
   55  shoreline.
   56         d. On a lake or pond of less than 10 acres in total surface
   57  area.
   58         e. Within the boundaries of a permitted public mooring
   59  field and a buffer around the mooring field of up to 100 feet.
   60         f.Within 500 feet of any private or public marina pumpout.
   61         3. An ordinance establishing a vessel-exclusion zone if the
   62  area is:
   63         a. Designated as a public bathing beach or swim area,
   64  except that such areas may not be created on waters that include
   65  any portion of the Florida Intracoastal Waterway or that are
   66  within 100 feet of the marked channel of the Florida
   67  Intracoastal Waterway.
   68         b. Within 300 feet of a dam, spillway, or flood control
   69  structure.
   70  
   71  Vessel exclusion zones created pursuant to this subparagraph
   72  must be marked with uniform waterway markers permitted by the
   73  commission in accordance with this chapter. Such zones may not
   74  be marked by ropes.
   75         Section 2. For the purpose of incorporating the amendment
   76  made by this act to section 327.46, Florida Statutes, in a
   77  reference thereto, subsection (2) of section 327.41, Florida
   78  Statutes, is reenacted to read:
   79         327.41 Uniform waterway regulatory markers.—
   80         (2) Any county or municipality which has been granted a
   81  boating-restricted area designation, by rule of the commission
   82  pursuant to s. 327.46(1)(a), for a portion of the Florida
   83  Intracoastal Waterway within its jurisdiction or which has
   84  adopted a boating-restricted area by ordinance pursuant to s.
   85  327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other
   86  governmental entity which has legally established a boating
   87  restricted area, may apply to the commission for permission to
   88  place regulatory markers within the boating-restricted area.
   89         Section 3. This act shall take effect July 1, 2023.