Florida Senate - 2024                                     SB 784
       By Senator Gruters
       22-00111-24                                            2024784__
    1                        A bill to be entitled                      
    2         An act relating to the installation of waterway
    3         markers; amending s. 327.40, F.S.; revising the
    4         application requirements for marking certain waters of
    5         this state; requiring that all waterway markers be
    6         affixed to certain structures or buoys beginning on a
    7         specified date; requiring state and local governmental
    8         entities to conform to such requirements by a
    9         specified date; making technical changes; reenacting
   10         ss. 327.4108(2)(a) and 403.813(1)(k), F.S., relating
   11         to the anchoring of vessels in anchoring limitation
   12         areas and to permits issued at district centers,
   13         respectively, to incorporate the amendments made to s.
   14         327.40, F.S., in references thereto; providing a
   15         declaration of important state interest; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 327.40, Florida Statutes, is amended to
   21  read:
   22         327.40 Uniform waterway markers; installation
   23  requirements.—
   24         (1) Waters of this state shall be marked only in conformity
   25  with the United States Aids to Navigation System, 33 C.F.R. part
   26  62.
   27         (2)(a) Application for marking inland lakes and state
   28  waters and any navigable waters under concurrent jurisdiction of
   29  the Coast Guard and the division must shall be made to the
   30  division, accompanied by a map locating the approximate
   31  placement of markers, a list of the markers to be placed, a
   32  statement of the specification of the markers and the structure
   33  or buoy to which the markers will be attached, a statement of
   34  the purpose of marking, and the names of persons responsible for
   35  the placement and upkeep of such markers and structures. The
   36  division shall do all of the following:
   37         1.will Assist the applicant in securing to secure the
   38  proper permission from the Coast Guard when where required, make
   39  such investigations as needed, and issue a permit.
   40         2.The division shall Furnish the applicant with the
   41  information concerning the system adopted and the rules existing
   42  for placing and maintaining the markers.
   43         3.The division shall Keep records of all approvals given
   44  and counsel with individuals, counties, municipalities,
   45  motorboat clubs, or other groups desiring to mark waterways for
   46  safety and navigation purposes in Florida.
   47         (b)1. A No person or municipality, county, or other
   48  governmental entity may not shall place any uniform waterway
   49  marker in, on, or over the waters or shores of this the state
   50  without a permit from the division.
   51         2. The placement of information markers by counties,
   52  municipalities, or other governmental entities on inland lakes
   53  and their associated canals are exempt from permitting under
   54  this section.
   55         (3)All waterway markers, including waterway markers
   56  permitted on or after July 1, 2024, pursuant to this section and
   57  information markers placed by counties, municipalities, or other
   58  governmental entities, must be affixed to a plastic breakaway
   59  structure or a floating buoy. A state or local governmental
   60  entity may not affix a waterway marker to a steel beam or wood
   61  piling. Any state or local governmental entity waterway marker
   62  affixed to a steel beam or wood piling before July 1, 2024, must
   63  be replaced with a waterway marker affixed to a plastic
   64  breakaway structure or floating buoy by January 1, 2025.
   65         (4)(c) The commission is authorized to adopt rules pursuant
   66  to chapter 120 to implement this section.
   67         (5)(3) The placement under this section or s. 327.41 of any
   68  uniform waterway marker on state submerged lands does not
   69  subject such lands to the lease requirements of chapter 253.
   70         Section 2. For the purpose of incorporating the amendments
   71  made by this act to section 327.40, Florida Statutes, in a
   72  reference thereto, paragraph (a) of subsection (2) of section
   73  327.4108, Florida Statutes, is reenacted to read:
   74         327.4108 Anchoring of vessels in anchoring limitation
   75  areas.—
   76         (2)(a) Notwithstanding s. 327.60(2)(f), a county, except
   77  for Monroe County, may establish, in accordance with this
   78  subsection, an anchoring limitation area adjacent to urban areas
   79  that have residential docking facilities and significant
   80  recreational boating traffic. The aggregate total of anchoring
   81  limitation areas in a county may not exceed 10 percent of the
   82  county’s delineated navigable-in-fact waterways. As used in this
   83  subsection, the term “navigable-in-fact waterways” means
   84  waterways that are navigable in their natural or unimproved
   85  condition over which useful commerce or public recreation of a
   86  substantial and permanent character is or may be conducted in
   87  the customary mode of trade and travel on water. The term does
   88  not include lakes or streams that are theoretically navigable;
   89  have a potential for navigability; or are temporary, precarious,
   90  and unprofitable, but the term does include lakes or streams
   91  that have practical usefulness to the public as highways for
   92  transportation. Each anchoring limitation area must meet all of
   93  the following requirements:
   94         1. Be less than 100 acres in size. For purposes of this
   95  subsection, the calculated size of the anchoring limitation area
   96  does not include any portion of the marked channel of the
   97  Florida Intracoastal Waterway contiguous to the anchoring
   98  limitation area;
   99         2. Not include any mooring field or marina; and
  100         3. Be clearly marked with all of the following:
  101         a. Signs that provide reasonable notice to boaters
  102  identifying the duration of time beyond which anchoring is
  103  limited and identifying the county ordinance by which the
  104  anchoring limitation area was created.
  105         b. Buoys. The county that has created an anchoring
  106  limitation area shall install and maintain buoys marking the
  107  boundary of the anchoring limitation area.
  109  The signs and buoys must be permitted and installed in
  110  accordance with ss. 327.40 and 327.41 and commission rule.
  111         Section 3.  For the purpose of incorporating the amendments
  112  made by this act to section 327.40, Florida Statutes, in a
  113  reference thereto, paragraph (k) of subsection (1) of section
  114  403.813, Florida Statutes, is reenacted to read:
  115         403.813 Permits issued at district centers; exceptions.—
  116         (1) A permit is not required under this chapter, chapter
  117  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  118  chapter 25270, 1949, Laws of Florida, and a local government may
  119  not require a person claiming this exception to provide further
  120  department verification, for activities associated with the
  121  following types of projects; however, except as otherwise
  122  provided in this subsection, this subsection does not relieve an
  123  applicant from any requirement to obtain permission to use or
  124  occupy lands owned by the Board of Trustees of the Internal
  125  Improvement Trust Fund or a water management district in its
  126  governmental or proprietary capacity or from complying with
  127  applicable local pollution control programs authorized under
  128  this chapter or other requirements of county and municipal
  129  governments:
  130         (k) The installation of aids to navigation and buoys
  131  associated with such aids, provided the devices are marked
  132  pursuant to s. 327.40.
  133         Section 4. The Legislature determines and declares that the
  134  amendments made by this act to s. 327.40, Florida Statutes,
  135  fulfill an important state interest.
  136         Section 5. This act shall take effect July 1, 2024.