Florida Senate - 2024                              CS for SB 192
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Garcia
       
       
       
       
       592-02426-24                                           2024192c1
    1                        A bill to be entitled                      
    2         An act relating to anchoring limitation areas;
    3         amending s. 327.4108, F.S.; revising anchoring
    4         limitation areas in certain sections of Biscayne Bay
    5         in Miami-Dade County; revising documentation and
    6         evidence criteria for proving the location of a vessel
    7         within an anchoring limitation area; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1.  Section 1. Paragraph (c) of subsection (1) and
   13  paragraph (b) of subsection (6) of section 327.4108, Florida
   14  Statutes, are amended to read:
   15         327.4108 Anchoring of vessels in anchoring limitation
   16  areas.—
   17         (1) The following densely populated urban areas, which have
   18  narrow state waterways, residential docking facilities, and
   19  significant recreational boating traffic, are designated as and
   20  shall be considered to be grandfathered-in anchoring limitation
   21  areas, within which a person may not anchor a vessel at any time
   22  during the period between one-half hour after sunset and one
   23  half hour before sunrise, except as provided in subsections (4)
   24  and (5):
   25         (c) The sections of Biscayne Bay in Miami-Dade County that
   26  are within 200 yards of any part of the shore of the City of
   27  Miami Beach lying between State Road A1A and State Road 112:
   28         1. Rivo Alto Island and Di Lido Island.
   29         2. San Marino Island and San Marco Island.
   30         3. San Marco Island and Biscayne Island.
   31         (6)
   32         (b)1. For a vessel in an anchoring limitation area
   33  established pursuant to subsection (2), upon an inquiry by a law
   34  enforcement officer or agency, a vessel owner or operator must
   35  be given an opportunity to provide proof that the vessel has not
   36  exceeded the limitations described in subsection (2). Such proof
   37  may include any of the following:
   38         a. Documentation showing that the vessel was in another
   39  location at least 1 nautical mile away within a period of less
   40  than 45 days before the inquiry.
   41         b. Electronic evidence, including, but not limited to,
   42  navigational devices or tracking devices permanently affixed to
   43  the vessel that show the vessel was in another location at least
   44  1 nautical mile away within a period of less than 45 days before
   45  the inquiry.
   46         2. If a vessel owner or operator fails or refuses to
   47  provide proof that the vessel has not exceeded the limitations
   48  described in subsection (2), the law enforcement officer or
   49  agency may issue a citation for a violation of this section.
   50         Section 2. This act shall take effect July 1, 2024.