Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 192
       
       
       
       
       
       
                                Ì309518<Î309518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2024           .                                
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       The Committee on Environment and Natural Resources (Garcia)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) and paragraph
    6  (b) of subsection (6) of section 327.4108, Florida Statutes, are
    7  amended to read:
    8         327.4108 Anchoring of vessels in anchoring limitation
    9  areas.—
   10         (1) The following densely populated urban areas, which have
   11  narrow state waterways, residential docking facilities, and
   12  significant recreational boating traffic, are designated as and
   13  shall be considered to be grandfathered-in anchoring limitation
   14  areas, within which a person may not anchor a vessel at any time
   15  during the period between one-half hour after sunset and one
   16  half hour before sunrise, except as provided in subsections (4)
   17  and (5):
   18         (c) The sections of Biscayne Bay in Miami-Dade County that
   19  are within 200 yards of any part of the shore of the City of
   20  Miami Beach lying between State Road A1A and State Road 112:
   21         1. Rivo Alto Island and Di Lido Island.
   22         2. San Marino Island and San Marco Island.
   23         3. San Marco Island and Biscayne Island.
   24         (6)
   25         (b)1. For a vessel in an anchoring limitation area
   26  established pursuant to subsection (2), upon an inquiry by a law
   27  enforcement officer or agency, a vessel owner or operator must
   28  be given an opportunity to provide proof that the vessel has not
   29  exceeded the limitations described in subsection (2). Such proof
   30  may include any of the following:
   31         a. Documentation showing that the vessel was in another
   32  location at least 1 nautical mile away within a period of less
   33  than 45 days before the inquiry.
   34         b. Electronic evidence, including, but not limited to,
   35  navigational devices or tracking devices permanently affixed to
   36  the vessel that show the vessel was in another location at least
   37  1 nautical mile away within a period of less than 45 days before
   38  the inquiry.
   39         2. If a vessel owner or operator fails or refuses to
   40  provide proof that the vessel has not exceeded the limitations
   41  described in subsection (2), the law enforcement officer or
   42  agency may issue a citation for a violation of this section.
   43         Section 2. This act shall take effect July 1, 2024.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete everything before the enacting clause
   48  and insert:
   49                        A bill to be entitled                      
   50         An act relating to anchoring limitation areas;
   51         amending s. 327.4108, F.S.; revising anchoring
   52         limitation areas in certain sections of Biscayne Bay
   53         in Miami-Dade County; revising documentation and
   54         evidence criteria for proving the location of a vessel
   55         within an anchoring limitation area; providing an
   56         effective date.