Florida Senate - 2024                       CS for CS for SB 192
       
       
        
       By the Committees on Rules; and Environment and Natural
       Resources; and Senator Garcia
       
       
       
       
       595-03781-24                                           2024192c2
    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. Paragraph (c) of subsection (1) and paragraph
   13  (b) of subsection (6) of section 327.4108, Florida Statutes, are
   14  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 lying
   26  between:
   27         1. Palm Island and State Road A1A.
   28         2. Rivo Alto Island and Di Lido Island.
   29         3. San Marino Island and Di Lido Island.
   30         4.2. San Marino Island and San Marco Island.
   31         5.3. San Marco Island and Biscayne Island.
   32         (6)
   33         (b)1. For a vessel in an anchoring limitation area
   34  established pursuant to subsection (2), upon an inquiry by a law
   35  enforcement officer or agency, a vessel owner or operator must
   36  be given an opportunity to provide proof that the vessel has not
   37  exceeded the limitations described in subsection (2). Such proof
   38  may include any of the following:
   39         a. Documentation showing that the vessel was in another
   40  location at least 1 nautical mile away within a period of less
   41  than 45 days before the inquiry.
   42         b. Electronic evidence, including, but not limited to,
   43  navigational devices or tracking devices permanently affixed to
   44  the vessel that show the vessel was in another location at least
   45  1 nautical mile away within a period of less than 45 days before
   46  the inquiry.
   47         2. If a vessel owner or operator fails or refuses to
   48  provide proof that the vessel has not exceeded the limitations
   49  described in subsection (2), the law enforcement officer or
   50  agency may issue a citation for a violation of this section.
   51         Section 2. This act shall take effect July 1, 2024.