Florida Senate - 2025 SB 608
By Senator DiCeglie
18-01127-25 2025608__
1 A bill to be entitled
2 An act relating to the Gulf of America; amending ss.
3 7.03, 7.08, 7.09, 7.11, 7.15, 7.17, 7.19, 7.23, 7.27,
4 7.29, 7.33, 7.36, 7.38, 7.41, 7.46, 7.51, 7.52, 7.55,
5 7.56, 7.62, 7.65, 7.66, 125.0104, 161.052, 161.053,
6 161.088, 161.141, 161.151, 161.161, 161.54, 161.55,
7 206.9935, 253.03, 253.12, 253.783, 258.09, 258.395,
8 258.3991, 327.02, 327.60, 331.307, 373.019, 373.069,
9 375.031, 376.25, 377.242, 377.2431, 379.101, 379.244,
10 379.248, 380.0555, and 380.24, F.S.; renaming the Gulf
11 of Mexico as the “Gulf of America” throughout the
12 Florida Statutes; reenacting s. 337.401(7)(b) and (p),
13 F.S., relating to the use of rights-of-way for
14 utilities subject to regulation, to incorporate the
15 amendment made to s. 161.053, F.S., in references
16 thereto; reenacting ss. 327.371(1) and 379.2431(2)(p),
17 F.S., relating to the regulation of human-powered
18 vessels and the regulation of marine animals,
19 respectively, to incorporate the amendment made to s.
20 327.02, F.S., in references thereto; providing an
21 effective date.
22
23 WHEREAS, the Gulf of Mexico spans approximately 1,700 miles
24 along the United States coastline, of which 770 miles are
25 located along the Florida coast, and
26 WHEREAS, on January 20, 2025, President Donald J. Trump
27 issued Executive Order Number 14172 entitled “Restoring Names
28 that Honor American Greatness” directing the Secretary of the
29 Interior to rename the Gulf of Mexico as the “Gulf of America”
30 in order to recognize the importance of the body of water to the
31 United States, and
32 WHEREAS, the Legislature intends to reflect this name
33 change in the Florida Statutes, NOW, THEREFORE,
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 7.03, Florida Statutes, is amended to
38 read:
39 7.03 Bay County.—The boundary lines of Bay County are as
40 follows: Beginning at the southwest corner of section eighteen
41 in township two, north, range eleven, west; thence west on the
42 section line to the southwest corner of section eighteen in
43 township two, north, range twelve, west; thence south on the
44 range line dividing ranges twelve and thirteen, west, to the
45 Meridian base line; thence west on the base line to the thread
46 of Pine Log Creek in range sixteen, west; thence southwesterly
47 along the thread of said creek into the Choctawhatchee River to
48 the thread of said river; thence southwesterly along the thread
49 of said river to a point where said river intersects the range
50 line dividing ranges seventeen and eighteen, west; thence south
51 on said range line to the Gulf of America Mexico; thence in a
52 southeastwardly direction following the meanderings of said
53 gulf, including the waters of said gulf within the jurisdiction
54 of the State of Florida, including all islands opposite the
55 shoreline to a point where range line dividing ranges eleven and
56 twelve, west, intersects with said gulf; thence north on said
57 range line to place of beginning.
58 Section 2. Section 7.08, Florida Statutes, is amended to
59 read:
60 7.08 Charlotte County.—The boundary lines of Charlotte
61 County are as follows: Beginning at the northeast corner of
62 township forty south, range twenty-seven east; thence south on
63 range line dividing ranges twenty-seven and twenty-eight east,
64 to the township line dividing townships forty-two and forty
65 three south, and Lee County; thence west on said township line
66 to the waters of the Gulf of America Mexico; thence northerly
67 and westerly along said Gulf of America Mexico, including the
68 waters of said gulf within the jurisdiction of the State of
69 Florida, to the intersection therewith of the township line
70 dividing townships forty and forty-one south; thence east on
71 said township line to the southeast corner of township forty
72 south, range twenty east; thence north on the range line
73 dividing ranges twenty and twenty-one east to the northwest
74 corner of township forty south, range twenty-one east; thence
75 east on township line dividing townships thirty-nine and forty
76 south to the place of beginning.
77 Section 3. Section 7.09, Florida Statutes, is amended to
78 read:
79 7.09 Citrus County.—The boundary lines of Citrus County are
80 as follows: Beginning at a point in the thread or center of the
81 Withlacoochee River on the section line dividing sections twelve
82 and thirteen, township twenty-one south, range twenty east;
83 thence on said line west to the southwest corner of section
84 nine, township twenty-one south, range nineteen east; thence
85 north on said section line to township line dividing townships
86 twenty and twenty-one south; thence west on said township line
87 to the Gulf of America Mexico; thence north along said gulf,
88 including all islands along said gulf coast, and including the
89 waters of said gulf within the jurisdiction of the State of
90 Florida, to the most southern outlet of the Withlacoochee River
91 at its mouth, leaving out all the islands in the mouth of said
92 river; thence easterly along the thread of said river to the
93 point of beginning, including all the lands and islands which
94 said river line may enclose.
95 Section 4. Section 7.11, Florida Statutes, is amended to
96 read:
97 7.11 Collier County.—The boundary lines of Collier County
98 are as follows: Beginning where the north line to township
99 forty-eight south extended westerly intersects the western
100 boundary of the State of Florida in the waters of the Gulf of
101 America Mexico; thence easterly on said township line to the
102 northwest corner of section four of township forty-eight south
103 of range twenty-five east; thence south to the northwest corner
104 of section nine of said township and range; thence east to the
105 eastern boundary line of range twenty-six east; thence north on
106 said range line to the northwest corner of township forty-seven
107 south of range twenty-seven east; thence east on the north line
108 of township forty-seven south to the east line of range twenty
109 seven east; thence north on said range line to the north line of
110 township forty-six south; thence east on the north line of
111 township forty-six south to the east line of range thirty east;
112 thence south on said range line to the north line of township
113 forty-nine south; thence east on the north line of said township
114 forty-nine south to the east line of range thirty-four east and
115 the west boundary of Broward County; thence south on said range
116 line, concurrent with the west boundary of Broward and Miami
117 Dade Counties, to the point of intersection with the south line
118 of township fifty-three south; thence west on the south line of
119 said township fifty-three south to where that line extended
120 intersects the western boundary of the State of Florida in the
121 waters of the Gulf of America Mexico; thence northwesterly and
122 along the waters of said Gulf of America Mexico, including the
123 waters of said gulf within the jurisdiction of the State of
124 Florida, to the point of beginning.
125 Section 5. Section 7.15, Florida Statutes, is amended to
126 read:
127 7.15 Dixie County.—The boundary lines of Dixie County are
128 as follows: Beginning at a point where township line between
129 townships seven and eight south, intersects the Suwannee River,
130 thence southerly down the thread of the main stream of said
131 Suwannee River to the Gulf of America Mexico; thence along said
132 Gulf of America Mexico, including the waters of said gulf within
133 the jurisdiction of the State of Florida, to the mouth of the
134 Steinhatchee River; thence northerly along the thread of the
135 said Steinhatchee River to the point where it is intersected by
136 the section line between sections fifteen and sixteen, in
137 township eight, south of range ten east; thence north on said
138 section line and other sections to the township line between
139 townships seven and eight south; thence east on said township
140 line dividing townships seven and eight south, to the point of
141 beginning.
142 Section 6. Section 7.17, Florida Statutes, is amended to
143 read:
144 7.17 Escambia County.—The County of Escambia comprehends
145 all that part of the State of Florida lying to the west and
146 south of a line beginning at the Alabama line where said line
147 crosses the Escambia River; running thence down the thread of
148 said river to Escambia Bay; thence along said bay to Deer Point,
149 at the intersection of Santa Rosa Sound with said bay; thence up
150 said Santa Rosa Sound to a line parallel to and exactly 1 mile
151 west of the range line dividing ranges twenty-six and twenty
152 seven west, thence south along such parallel line to the waters
153 of the Gulf of America Mexico; and the Counties of Escambia and
154 Santa Rosa shall have concurrent jurisdiction of any offenses
155 committed on the waters of Santa Rosa Sound.
156 Section 7. Section 7.19, Florida Statutes, is amended to
157 read:
158 7.19 Franklin County.—The boundary lines of Franklin County
159 are as follows: Beginning at a point on the Apalachicola River,
160 known as the mouth of Black or Owl Creek; thence northerly up
161 the western bank of said creek to where the same intersects the
162 middle section line of section twenty-six, township five south,
163 range eight west; thence due east on the middle section line to
164 the thread of the Ochlockonee River; thence south and easterly
165 following the thread of said river, and the thread of such
166 channel thereof as may be necessary to include the islands in
167 said river; to a point directly south of the southernmost point
168 of Grass Island; thence along a straight line to the center
169 point of the U.S. 98 (State Road 30) bridge across Ochlockonee
170 Bay; thence east-southeast to a point directly north of the
171 easternmost point of James Island; thence easterly to the
172 boundary line of the State of Florida; thence south and westerly
173 along said boundary line, including the waters of the Gulf of
174 America Mexico within the jurisdiction of the State of Florida,
175 to the Forbes line, produced southerly; thence following the
176 Forbes line to the Jackson River; thence follow the Jackson
177 River until it joins the Apalachicola River; thence northerly
178 along the Apalachicola River to the mouth of the Brothers River;
179 thence follow the Brothers River until it intersects the stream
180 known as Brickyard Cutoff; thence follow Brickyard Cutoff to the
181 Apalachicola River; thence northerly along the thread of said
182 river to the place of beginning.
183 Section 8. Section 7.23, Florida Statutes, is amended to
184 read:
185 7.23 Gulf County.—The boundary lines of Gulf County are as
186 follows: Beginning at a point in the Apalachicola River where
187 said river is intersected by the section line between sections
188 twenty-three and twenty-six, township three south, range nine
189 west; thence west on said section line and other section lines
190 across the remainder of ranges nine west and ranges ten and
191 eleven west to the southwest corner of section nineteen,
192 township three south, range eleven west, at the Bay County line;
193 thence south on the range line between ranges eleven and twelve
194 west, concurrent with the eastern boundary of Bay County, to the
195 Gulf of America Mexico; thence south and easterly through said
196 gulf, including the waters of the Gulf of America Mexico within
197 the jurisdiction of the State of Florida, to a point where the
198 Forbes line would intersect said boundary line; thence
199 northeasterly with said line until same crosses the waters of
200 the Apalachicola River; thence northerly up the thread of said
201 river to the place of beginning.
202 Section 9. Section 7.27, Florida Statutes, is amended to
203 read:
204 7.27 Hernando County.—The boundary lines of Hernando County
205 are as follows: Beginning at a point on the Withlacoochee River
206 where the same is intersected by the section line dividing
207 sections twelve and thirteen, township twenty-one south, range
208 twenty east; thence southeasterly along the thread of said river
209 to the juncture therewith of the Little Withlacoochee River;
210 thence southeasterly along the thread of said Little
211 Withlacoochee River to the head of same; thence east to the
212 range line between ranges twenty-two and twenty-three east;
213 thence south on said range line to the line dividing sections
214 twenty-four and thirteen, township twenty-three south, range
215 twenty-two east; thence west on said section line and other
216 section lines to the line between ranges twenty and twenty-one
217 east; thence south on said range line to the line dividing
218 townships twenty-three and twenty-four south; thence west on
219 said township line to the Gulf of America Mexico; thence
220 northerly, including the waters of said gulf within the
221 jurisdiction of the State of Florida, to the township line
222 dividing townships twenty and twenty-one south; thence east,
223 concurrent with the south boundary line of Citrus County, on
224 said township line to where same is intersected by the section
225 line dividing sections four and five, township twenty-one south,
226 range nineteen east; thence south on said section line and other
227 section lines to the southwest corner of section nine, township
228 twenty-one south, range nineteen east; thence east on the south
229 line of said section nine and other sections to the place of
230 beginning.
231 Section 10. Section 7.29, Florida Statutes, is amended to
232 read:
233 7.29 Hillsborough County.—The boundary lines of
234 Hillsborough County are as follows: Beginning at the northeast
235 corner of section one in township twenty-seven south, range
236 sixteen east; thence east on the north line of township twenty
237 seven south to the line between ranges twenty-two and twenty
238 three east; thence south on said range line to the line between
239 townships thirty-two and thirty-three south; thence west on said
240 township line to the south bank of Tampa bay; thence in a direct
241 line to a point midway between Egmont and Passage Keys in the
242 Gulf of America Mexico; thence westerly to the boundary of the
243 State of Florida; thence northerly on the boundary of the State
244 of Florida to a point in the Gulf of America Mexico due west of
245 the northern shore of Mullet Key; thence due east to a point one
246 hundred yards due west of the northernmost shore of Mullet Key;
247 thence in a line one hundred yards from the shore line around
248 the southern portion of Mullet Key to a point one hundred yards
249 due east of the easternmost shore of Mullet Key; thence due
250 north to a point due east of the northernmost shore of Mullet
251 Key; thence due east to the middle waters of Tampa Bay; thence
252 in a northerly direction through the middle waters of Tampa Bay
253 and Old Tampa Bay to a point where the range line between ranges
254 sixteen and seventeen east strikes said shore; thence north on
255 said range line to the place of beginning.
256 Section 11. Section 7.33, Florida Statutes, is amended to
257 read:
258 7.33 Jefferson County.—The boundary lines of Jefferson
259 County are as follows: Beginning at the point on the Gulf of
260 America Mexico where the line between ranges two and three east
261 strikes said gulf; thence north on said line to the base
262 parallel line; thence in a direction northeast to the point
263 where the sections twenty-one, and twenty-eight and twenty-nine
264 of township one north, range three east, corner; thence north on
265 the section line dividing sections twenty and twenty-one and
266 other sections of township one north, range three east, to
267 township line dividing townships one and two north, range three
268 east; thence east on said township line to the waters of the
269 Miccosukee; thence up Lake Miccosukee to the south boundary of
270 township three north, range three east; thence on said township
271 line to the east line of section thirty-four in said township
272 three north, range three east; thence north on the east line of
273 section thirty-four and other sections in said township and said
274 range to the boundary line between the States of Georgia and
275 Florida; thence east along said boundary line to the northwest
276 corner of lot number one hundred eighty, township three north,
277 range seven east, or the west boundary of Madison County; thence
278 south to the southwest corner of said lot number one hundred
279 eighty; thence east on the south boundary of said lot number one
280 hundred eighty to the northeast corner of section twenty-seven,
281 township three north, range seven east; thence due south to the
282 southeast corner of section ten, township two north, range seven
283 east; thence due west to the southwest corner of the said
284 section ten; thence due south to the southeast corner of section
285 sixteen, township two north, range seven east; thence due west
286 to the southwest corner of said section sixteen; thence due
287 south to the southeast corner of section twenty, township two
288 north, range seven east; thence due west to the southwest corner
289 of section nineteen, township two north, range seven east;
290 thence due south to the southeast corner of section twenty-five,
291 township two north, range six east; thence due west to the
292 southwest corner of section twenty-six, township two north,
293 range six east; thence due south to the southwest corner of
294 section thirty-five, township two north, range six east; thence
295 due west to the thread of the Big Aucilla River; thence
296 southerly along the thread of said river, concurrent with the
297 west boundary of Madison and Taylor Counties, to the mouth of
298 said Big Aucilla River; thence westerly through the waters of
299 the Gulf of America Mexico, including the waters of said gulf
300 within the jurisdiction of the State of Florida, to the point of
301 beginning.
302 Section 12. Section 7.36, Florida Statutes, is amended to
303 read:
304 7.36 Lee County.—The boundary lines of Lee County are as
305 follows: Beginning where the north line of township forty-three
306 south, intersects the range line between ranges twenty-seven and
307 twenty-eight east, at the line between Charlotte and Glades
308 Counties; thence west on said township line to the Gulf of
309 America Mexico; thence southerly along said gulf, including all
310 islands and the waters of said gulf within the jurisdiction of
311 the State of Florida, to the north line of township forty-eight
312 south, extended westward; thence east on said township line to
313 the northwest corner of section four, township forty-eight
314 south, range twenty-five east; thence south to the northwest
315 corner of section nine of said township and range; thence east
316 on the north boundary of said section nine and other sections to
317 the eastern boundary of range twenty-six east; thence north on
318 said range line to the northwest corner of township forty-seven
319 south, range twenty-seven east; thence east on the north line of
320 township forty-seven south, to the east line of range twenty
321 seven east; thence north on said range line to the place of
322 beginning.
323 Section 13. Section 7.38, Florida Statutes, is amended to
324 read:
325 7.38 Levy County.—The boundary lines of Levy County are as
326 follows: Beginning at the mouth of the most southern outlet of
327 the Big Withlacoochee River, running in an eastwardly direction,
328 including all the islands in the mouth of said river, along the
329 thread of said river to where the range line dividing ranges
330 seventeen and eighteen east intersects said river; thence north
331 on said range line to the township line between townships
332 fourteen and fifteen south; thence east on said township line to
333 the middle line of township fourteen south, range nineteen east;
334 thence north on said middle line to the township line between
335 townships eleven and twelve south; thence west on said township
336 line to the range line between ranges seventeen and eighteen
337 east; thence north on said range line to the northeast corner of
338 section thirteen, township eleven south, range seventeen east;
339 thence west on the north line of said section thirteen and other
340 sections to the range line between ranges sixteen and seventeen
341 east; thence north on said range line to the township line
342 between townships ten and eleven south; thence west on said
343 township line to the range line between ranges fifteen and
344 sixteen east; thence north on said range line to the northeast
345 corner of section thirty-six, township ten south, range fifteen
346 east; thence west on the north boundary of said section thirty
347 six to the northwest corner of said section thirty-six, thence
348 north one half mile to the middle line of section twenty-six,
349 township ten south, range fifteen east; thence west on the
350 middle line of said section twenty-six and other sections to the
351 range line between ranges fourteen and fifteen east; thence
352 north to the northeast corner of section twenty-five, township
353 ten south, range fourteen east; thence west on the north line of
354 said section twenty-five and other sections to the thread of the
355 Suwannee River; thence southerly along the thread of the main
356 stream of said river to its mouth; thence south and easterly
357 along the Gulf of America Mexico, including all the islands,
358 keys, and the waters of said gulf within the jurisdiction of the
359 State of Florida, to the point of beginning.
360 Section 14. Section 7.41, Florida Statutes, is amended to
361 read:
362 7.41 Manatee County.—The boundary lines of Manatee County
363 are as follows: Beginning on the south bank of Tampa Bay where
364 the line between townships thirty-two and thirty-three south
365 strikes said bay; thence east on said township line to where
366 same is intersected by the line dividing ranges twenty-two and
367 twenty-three east; thence south on said range line, known as the
368 Washington line, to the southeast corner of township thirty
369 seven south, range twenty-two east; thence west on the township
370 line between townships thirty-seven and thirty-eight south to
371 the southwest corner of township thirty-seven south, range
372 twenty-one east; thence north on the range line between ranges
373 twenty and twenty-one east to the southeast corner of township
374 thirty-five south, range twenty east; thence west on the
375 township line between townships thirty-five and thirty-six south
376 to the Gulf of America Mexico; thence northward along the said
377 gulf, including the waters of said gulf within the jurisdiction
378 of the State of Florida, to a point midway between Egmont and
379 Passage Keys; thence in a direct line to the place of beginning.
380 Section 15. Section 7.46, Florida Statutes, is amended to
381 read:
382 7.46 Okaloosa County.—The boundary lines of Okaloosa County
383 are as follows: Beginning on the Alabama state line where same
384 is intersected by range line dividing ranges twenty-five and
385 twenty-six west; thence east on said state line to the
386 intersection of said state line with the range line dividing
387 ranges twenty-one and twenty-two west; thence south on said
388 range line to the Gulf of America Mexico; thence in a westerly
389 direction following the meanderings of said gulf, including the
390 waters of said gulf within the jurisdiction of the State of
391 Florida, to the line dividing ranges twenty-five and twenty-six
392 west; thence north on said range line to the place of beginning;
393 provided that the counties of Escambia, Santa Rosa and Okaloosa
394 shall have concurrent jurisdiction of any offenses committed on
395 the waters of Santa Rosa Sound.
396 Section 16. Section 7.51, Florida Statutes, is amended to
397 read:
398 7.51 Pasco County.—The boundary lines of Pasco County are
399 as follows: Beginning at the intersection of the section line
400 between sections thirty-three and thirty-four of township
401 twenty-six south, of range twenty-two east, with the township
402 line between townships twenty-six and twenty-seven south, of
403 range twenty-two east; thence north along the section lines to
404 the line dividing sections three and four of said township and
405 to the township line dividing townships twenty-five and twenty
406 six; thence east on said township line to the range line
407 dividing ranges twenty-two and twenty-three east; thence north
408 on said range line to the line dividing sections twenty-four and
409 thirteen of township twenty-three south, of range twenty-two
410 east; thence west to the line dividing ranges twenty and twenty
411 one east; thence south to the line dividing townships twenty
412 three and twenty-four south; thence west on said line to the
413 Gulf of America Mexico; thence southerly along the gulf coast,
414 including islands and the waters of said gulf within the
415 jurisdiction of the State of Florida, to the north line of
416 Pinellas County, the township line dividing townships twenty-six
417 and twenty-seven south; thence east on said line to the place of
418 beginning.
419 Section 17. Section 7.52, Florida Statutes, is amended to
420 read:
421 7.52 Pinellas County.—The boundary lines of Pinellas County
422 are as follows: Beginning at a point where the line dividing
423 townships twenty-six and twenty-seven south if projected in a
424 westerly direction intersects with the western boundary of the
425 jurisdictional waters of the State of Florida in the Gulf of
426 America Mexico; thence east on said line to the northeast corner
427 of section one in township twenty-seven south, range sixteen
428 east; thence south to the shore of old Tampa Bay; thence in a
429 southerly direction through the middle waters of old Tampa Bay
430 and Tampa Bay, to a point in Tampa Bay due east of the north
431 shore of Mullet Key; thence due west to a point due north of a
432 point 100 yards due east from the easternmost point of Mullet
433 Key; thence in a line 100 yards from the shoreline around the
434 southern portion of Mullet Key to a point 100 yards west of the
435 northernmost shore of Mullet Key; thence west to a point where
436 such line intersects the western boundary of the jurisdictional
437 waters of the State of Florida in the Gulf of America Mexico and
438 northward, including the waters of said gulf within the
439 jurisdiction of the State of Florida, to point of beginning;
440 provided however that nothing herein contained shall now or at
441 any time hereafter in any manner whatsoever repeal, amend,
442 change or disturb in any manner whatsoever the apportionment,
443 allotment, allocation, basis of computation, or other formula
444 wherein and whereby the participation in the gas tax by both
445 counties hereto under and by virtue of ss. 206.41 and 206.47 or
446 any law hereafter enacted, is changed so that Hillsborough
447 County would receive a lesser amount and Pinellas County would
448 receive a greater amount of such gas funds or tax by reason of
449 the change of the boundary line herein authorized.
450 Section 18. Section 7.55, Florida Statutes, is amended to
451 read:
452 7.55 Santa Rosa County.—The boundary lines of Santa Rosa
453 County are as follows: Beginning at the Alabama line, where said
454 line crosses the Escambia River; thence down the thread of said
455 river to Escambia Bay; thence along said bay to Deer Point, at
456 the intersection of Santa Rosa Sound with said bay; thence up
457 said Santa Rosa Sound to a line parallel to and exactly 1 mile
458 westerly of the line dividing range twenty-six west and range
459 twenty-seven west; thence southerly along said line to the
460 waters of the Gulf of America Mexico; thence easterly along the
461 waters of the Gulf of America Mexico to a point of intersection
462 with the range line dividing range twenty-five west and range
463 twenty-six west; thence northerly along said range line to the
464 dividing line between the State of Florida and the State of
465 Alabama, thence westerly along said dividing line to the point
466 of beginning; provided that the Counties of Escambia, Santa
467 Rosa, and Okaloosa shall have concurrent jurisdiction of any
468 offenses committed on the waters of Santa Rosa Sound.
469 Section 19. Section 7.56, Florida Statutes, is amended to
470 read:
471 7.56 Sarasota County.—The boundary lines of Sarasota County
472 are as follows: Beginning in the Gulf of America Mexico at a
473 point on a prolongation of the township line between townships
474 thirty-five and thirty-six south; thence east on said
475 prolongation and said line to the southeast corner of township
476 thirty-five south, range twenty east; thence south on the range
477 line between ranges twenty and twenty-one east, to the southwest
478 corner of township thirty-seven south, range twenty-one east;
479 thence east on the township line between townships thirty-seven
480 and thirty-eight south to the southeast corner of township
481 thirty-seven south, range twenty-two east; thence south on the
482 range line between ranges twenty-two and twenty-three east, to
483 the southeast corner of township thirty-nine south, range
484 twenty-two east; thence west on the township line between
485 townships thirty-nine and forty south to the southwest corner of
486 township thirty-nine south, range twenty-one east; thence south
487 on the range line between ranges twenty and twenty-one east to
488 the southeast corner of township forty south, range twenty east;
489 thence west on the township line between townships forty and
490 forty-one south to the Gulf of America Mexico; thence northerly
491 along the coast of the Gulf of America Mexico, including the
492 waters of said gulf within the jurisdiction of the State of
493 Florida, to the place of beginning.
494 Section 20. Section 7.62, Florida Statutes, is amended to
495 read:
496 7.62 Taylor County.—The boundary lines of Taylor County are
497 as follows: Beginning in the mouth of the Big Aucilla River;
498 thence northerly, concurrent with the east boundary of Jefferson
499 County, along the thread of said river to where same is
500 intersected by the middle line of township two south, range five
501 east; thence east on said middle township line, concurrent with
502 the south boundary line of Madison County, across ranges six,
503 seven and eight east to the range line between ranges eight and
504 nine east; thence south on said range line to the township line
505 between townships two and three south; thence east on said
506 township line to the range line between ranges nine and ten
507 east; thence south on said range line, concurrent with the west
508 boundary of Lafayette County to the middle line of section
509 seven, township seven south, range ten east; thence east on said
510 middle line to the east line of said section seven; thence due
511 south on the east line of said section seven and other sections
512 to the township line between townships seven and eight south;
513 thence east on said township line to the east line of section
514 four, township eight south, range ten east, or the northwest
515 corner of Dixie County; thence south, concurrent with the west
516 boundary of Dixie County, on the east line of said section four
517 and other sections to where same intersects the thread of the
518 Steinhatchee River; thence southerly along the thread of the
519 said Steinhatchee River to the mouth of said river; thence
520 northerly through the Gulf of America Mexico, including the
521 waters of said gulf within the jurisdiction of the State of
522 Florida, to the place of beginning.
523 Section 21. Section 7.65, Florida Statutes, is amended to
524 read:
525 7.65 Wakulla County.—The boundary lines of Wakulla County
526 are as follows: Beginning on the range line between ranges two
527 and three east where the same strikes the Gulf of America
528 Mexico; thence north on said range line to the north boundary of
529 section thirty-six, township two south, range two east; thence
530 due west on the north line of said section thirty-six and other
531 sections to the railroad leading from Tallahassee to St. Marks;
532 thence north along said railroad two sections; thence west on
533 the north line of section twenty, township two south, range one
534 east, and other sections, to the thread of Ochlockonee River;
535 thence southerly and easterly along the thread of said river
536 concurrent with the north and east boundary of Franklin County
537 to a point directly south of the southernmost point of Grass
538 Island; thence along a straight line to the center point of the
539 U.S. 98 (State Road 30) bridge across Ochlockonee Bay; thence
540 east-southeast to a point directly north of the easternmost
541 point of James Island; thence easterly to the boundary line of
542 the State of Florida in the Gulf of America Mexico; thence north
543 and easterly along said gulf, including the waters of said gulf
544 within the jurisdiction of the State of Florida, to the place of
545 beginning.
546 Section 22. Section 7.66, Florida Statutes, is amended to
547 read:
548 7.66 Walton County.—The boundary lines of Walton County are
549 as follows: Beginning on the Alabama state line where same is
550 intersected by the line dividing centrally range eighteen west;
551 thence south on the section lines to the line dividing townships
552 two and three north, in range eighteen west; thence east to the
553 Choctawhatchee River; thence down the thread of the
554 Choctawhatchee River to a point where said Choctawhatchee River
555 intersects the range line dividing ranges seventeen and eighteen
556 west; thence south on said range line to the Gulf of America
557 Mexico; thence in a westwardly direction following the
558 meanderings of said gulf, including the waters of said gulf
559 within the jurisdiction of the State of Florida, to the range
560 line dividing ranges twenty-one and twenty-two west; thence
561 north on said line to the dividing line between Florida and
562 Alabama; thence easterly along said state line to the place of
563 beginning.
564 Section 23. Paragraph (c) of subsection (5) of section
565 125.0104, Florida Statutes, is amended to read:
566 125.0104 Tourist development tax; procedure for levying;
567 authorized uses; referendum; enforcement.—
568 (5) AUTHORIZED USES OF REVENUE.—
569 (c) A county located adjacent to the Gulf of America Mexico
570 or the Atlantic Ocean, except a county that receives revenue
571 from taxes levied pursuant to s. 125.0108, which meets the
572 following criteria may use up to 10 percent of the tax revenue
573 received pursuant to this section to reimburse expenses incurred
574 in providing public safety services, including emergency medical
575 services as defined in s. 401.107(3), and law enforcement
576 services, which are needed to address impacts related to
577 increased tourism and visitors to an area. However, if taxes
578 collected pursuant to this section are used to reimburse
579 emergency medical services or public safety services for tourism
580 or special events, the governing board of a county or
581 municipality may not use such taxes to supplant the normal
582 operating expenses of an emergency medical services department,
583 a fire department, a sheriff’s office, or a police department.
584 To receive reimbursement, the county must:
585 1.a. Generate a minimum of $10 million in annual proceeds
586 from any tax, or any combination of taxes, authorized to be
587 levied pursuant to this section;
588 b. Have at least three municipalities; and
589 c. Have an estimated population of less than 275,000,
590 according to the most recent population estimate prepared
591 pursuant to s. 186.901, excluding the inmate population; or
592 2. Be a fiscally constrained county as described in s.
593 218.67(1).
594
595 The board of county commissioners must by majority vote approve
596 reimbursement made pursuant to this paragraph upon receipt of a
597 recommendation from the tourist development council.
598 Section 24. Subsections (1), (5), and (10) of section
599 161.052, Florida Statutes, are amended to read:
600 161.052 Coastal construction and excavation; regulation.—
601 (1) A No person, firm, corporation, municipality, county,
602 or other public agency may not shall excavate or construct any
603 dwelling house, hotel, motel, apartment building, seawall,
604 revetment, or other structure incidental to or related to such
605 structure, including but not limited to such attendant
606 structures or facilities as a patio, swimming pool, or garage,
607 within 50 feet of the line of mean high water at any riparian
608 coastal location fronting the Gulf of America Mexico or Atlantic
609 coast shoreline of the state, exclusive of bays, inlets, rivers,
610 bayous, creeks, passes, and the like. In areas where an erosion
611 control line has been established under the provisions of ss.
612 161.141-161.211, that line, or the presently existing mean high
613 water line, whichever is more landward, shall be considered to
614 be the mean high-water line for the purposes of this section.
615 (5) The setback requirements as defined herein do shall not
616 apply to any riparian coastal locations fronting the Atlantic
617 Ocean or Gulf of America Mexico which have vegetation-type
618 nonsandy shores.
619 (10) A coastal county or municipality fronting on the Gulf
620 of America Mexico or the Atlantic Ocean shall advise the
621 department within 5 days after receipt of any permit application
622 for construction or other activities proposed to be located
623 within 50 feet of the line of mean high water. Within 5 days
624 after receipt of such application, the county or municipality
625 shall notify the applicant of the requirements for state
626 permits.
627 Section 25. Paragraphs (a) and (b) of subsection (1) and
628 subsection (14) of section 161.053, Florida Statutes, are
629 amended to read:
630 161.053 Coastal construction and excavation; regulation on
631 county basis.—
632 (1)(a) The Legislature finds and declares that the beaches
633 in this state and the coastal barrier dunes adjacent to such
634 beaches, by their nature, are subject to frequent and severe
635 fluctuations and represent one of the most valuable natural
636 resources of Florida and that it is in the public interest to
637 preserve and protect them from imprudent construction which can
638 jeopardize the stability of the beach-dune system, accelerate
639 erosion, provide inadequate protection to upland structures,
640 endanger adjacent properties, or interfere with public beach
641 access. In furtherance of these findings, it is the intent of
642 the Legislature to provide that the department establish coastal
643 construction control lines on a county basis along the sand
644 beaches of the state fronting on the Atlantic Ocean, the Gulf of
645 America Mexico, or the Straits of Florida. Such lines must shall
646 be established so as to define that portion of the beach-dune
647 system which is subject to severe fluctuations based on a 100
648 year storm surge, storm waves, or other predictable weather
649 conditions. However, the department may establish a segment or
650 segments of a coastal construction control line further landward
651 than the impact zone of a 100-year storm surge, provided such
652 segment or segments do not extend beyond the landward toe of the
653 coastal barrier dune structure that intercepts the 100-year
654 storm surge. Such segment or segments may shall not be
655 established if adequate dune protection is provided by a state
656 approved dune management plan. Special siting and design
657 considerations shall be necessary seaward of established coastal
658 construction control lines to ensure the protection of the
659 beach-dune system, proposed or existing structures, and adjacent
660 properties and the preservation of public beach access.
661 (b) As used in this subsection:
662 1. When establishing coastal construction control lines as
663 provided in this section, the definition of “sand beach” shall
664 be expanded to include coastal barrier island ends contiguous to
665 the sand beaches of the state fronting on the Atlantic Ocean,
666 the Gulf of America Mexico, or the Straits of Florida.
667 2. “Coastal barrier island ends” means those areas on the
668 ends of barrier islands fronting the Atlantic Ocean, the Gulf of
669 America Mexico, or the Straits of Florida, which are subject to
670 severe fluctuations based on a 100-year storm surge, storm
671 waves, or other predictable weather conditions.
672 3. “Coastal barrier islands” means geological features
673 which are completely surrounded by marine waters that front upon
674 the open waters of the Atlantic Ocean, the Gulf of America
675 Mexico, or the Straits of Florida and are composed of quartz
676 sands, clays, limestone, oolites, rock, coral, coquina,
677 sediment, or other material, including spoil disposal, which
678 features lie above the line of mean high water. Mainland areas
679 which were separated from the mainland by artificial
680 channelization for the purpose of assisting marine commerce may
681 shall not be considered coastal barrier islands.
682 (14) A coastal county or municipality fronting on the Gulf
683 of America Mexico, the Atlantic Ocean, or the Straits of Florida
684 shall advise the department within 5 days after receipt of any
685 permit application for construction or other activities proposed
686 to be located seaward of the line established by the department
687 pursuant to this section. Within 5 days after receipt of such
688 application, the county or municipality shall notify the
689 applicant of the requirements for state permits.
690 Section 26. Section 161.088, Florida Statutes, is amended
691 to read:
692 161.088 Declaration of public policy respecting beach
693 erosion control and beach restoration and nourishment projects.
694 Because beach erosion is a serious menace to the economy and
695 general welfare of the people of this state and has advanced to
696 emergency proportions, it is hereby declared to be a necessary
697 governmental responsibility to properly manage and protect
698 Florida beaches fronting on the Atlantic Ocean, Gulf of America
699 Mexico, and Straits of Florida from erosion and that the
700 Legislature make provision for beach restoration and nourishment
701 projects, including inlet management projects that cost
702 effectively provide beach-quality material for adjacent
703 critically eroded beaches. The Legislature declares that such
704 beach restoration and nourishment projects, as approved pursuant
705 to s. 161.161, are in the public interest; must be in an area
706 designated as critically eroded shoreline, or benefit an
707 adjacent critically eroded shoreline; must have a clearly
708 identifiable beach management benefit consistent with the
709 state’s beach management plan; and must be designed to reduce
710 potential upland damage or mitigate adverse impacts caused by
711 improved, modified, or altered inlets, coastal armoring, or
712 existing upland development. Given the extent of the problem of
713 critically eroded beaches, it is also declared that beach
714 restoration and nourishment projects must shall be funded in a
715 manner that encourages all cost-saving strategies, fosters
716 regional coordination of projects, improves the performance of
717 projects, and provides long-term solutions. The Legislature
718 further declares that nothing herein is intended to reduce or
719 amend the beach protection programs otherwise established in
720 this chapter or to result in local governments altering the
721 coastal management elements of their local government
722 comprehensive plans pursuant to chapter 163.
723 Section 27. Section 161.141, Florida Statutes, is amended
724 to read:
725 161.141 Property rights of state and private upland owners
726 in beach restoration project areas.—The Legislature declares
727 that it is the public policy of the state to cause to be fixed
728 and determined, pursuant to beach restoration, beach
729 nourishment, and erosion control projects, the boundary line
730 between sovereignty lands of the state bordering on the Atlantic
731 Ocean, the Gulf of America Mexico, or the Straits of Florida,
732 and the bays, lagoons, and other tidal reaches thereof, and the
733 upland properties adjacent thereto; except that such boundary
734 line may shall not be fixed for beach restoration projects that
735 result from inlet or navigation channel maintenance dredging
736 projects unless such projects involve the construction of
737 authorized beach restoration projects. However, prior to
738 construction of such a beach restoration project, the board of
739 trustees must establish the line of mean high water for the area
740 to be restored; and any additions to the upland property
741 landward of the established line of mean high water which result
742 from the restoration project remain the property of the upland
743 owner subject to all governmental regulations and are not to be
744 used to justify increased density or the relocation of the
745 coastal construction control line as may be in effect for such
746 upland property. The resulting additions to upland property are
747 also subject to a public easement for traditional uses of the
748 sandy beach consistent with uses that would have been allowed
749 prior to the need for the restoration project. It is further
750 declared that there is no intention on the part of the state to
751 extend its claims to lands not already held by it or to deprive
752 any upland or submerged land owner of the legitimate and
753 constitutional use and enjoyment of his or her property. If an
754 authorized beach restoration, beach nourishment, and erosion
755 control project cannot reasonably be accomplished without the
756 taking of private property, the taking must be made by the
757 requesting authority by eminent domain proceedings. In any
758 action alleging a taking of all or part of a property or
759 property right as a result of a beach restoration project, in
760 determining whether such taking has occurred or the value of any
761 damage alleged with respect to the owner’s remaining upland
762 property adjoining the beach restoration project, the
763 enhancement, if any, in value of the owner’s remaining adjoining
764 property of the upland property owner by reason of the beach
765 restoration project shall be considered. If a taking is
766 judicially determined to have occurred as a result of a beach
767 restoration project, the enhancement in value to the owner’s
768 remaining adjoining property by reason of the beach restoration
769 project must shall be offset against the value of the damage, if
770 any, resulting to such remaining adjoining property of the
771 upland property owner by reason of the beach restoration
772 project, but such enhancement in the value may shall not be
773 offset against the value of the property or property right
774 alleged to have been taken. If the enhancement in value exceeds
775 shall exceed the value of the damage, if any, to the remaining
776 adjoining property, there shall be no recovery over against the
777 property owner for such excess.
778 Section 28. Subsection (3) of section 161.151, Florida
779 Statutes, is amended to read:
780 161.151 Definitions; ss. 161.141-161.211.—As used in ss.
781 161.141-161.211:
782 (3) “Erosion control line” means the line determined in
783 accordance with the provisions of ss. 161.141-161.211 which
784 represents the landward extent of the claims of the state in its
785 capacity as sovereign titleholder of the submerged bottoms and
786 shores of the Atlantic Ocean, the Gulf of America Mexico, and
787 the bays, lagoons and other tidal reaches thereof on the date of
788 the recording of the survey as authorized in s. 161.181.
789 Section 29. Subsection (1) of section 161.161, Florida
790 Statutes, is amended to read:
791 161.161 Procedure for approval of projects.—
792 (1) The department shall develop and maintain a
793 comprehensive long-term beach management plan for the
794 restoration and maintenance of the state’s critically eroded
795 beaches fronting the Atlantic Ocean, Gulf of America Mexico, and
796 Straits of Florida. In developing and maintaining this plan, the
797 department shall:
798 (a) Address long-term solutions to the problem of
799 critically eroded beaches in this state.
800 (b) Evaluate each improved, modified, or altered inlet and
801 determine whether the inlet is a significant cause of beach
802 erosion. With respect to each inlet determined to be a
803 significant cause of beach erosion, the plan must shall include
804 the extent to which such inlet causes beach erosion and
805 recommendations to mitigate the erosive impact of the inlet,
806 including, but not limited to, inlet sediment bypassing;
807 improvement of infrastructure to facilitate sand bypassing;
808 modifications to channel dredging, jetty design, and disposal of
809 spoil material; establishment of feeder beaches; and beach
810 restoration and beach nourishment.
811 (c) Evaluate criteria for beach restoration and beach
812 nourishment projects, including, but not limited to, dune
813 elevation and width and revegetation and stabilization
814 requirements and beach profiles.
815 (d) Consider the establishment of regional sediment
816 management alternatives for one or more individual beach and
817 inlet sand bypassing projects as an alternative to beach
818 restoration when appropriate and cost-effective, and recommend
819 the location of such regional sediment management alternatives
820 and the source of beach-compatible sand.
821 (e) Identify causes of shoreline erosion and change,
822 determine erosion rates, and maintain an updated list of
823 critically eroded sandy beaches based on data, analyses, and
824 investigations of shoreline conditions.
825 (f) Assess impacts of development and coastal protection
826 structures on shoreline change and erosion.
827 (g) Identify short-term and long-term economic costs and
828 benefits of beaches to the state and individual beach
829 communities.
830 (h) Study dune and vegetation conditions, identify existing
831 beach projects without dune features or with dunes without
832 adequate elevations, and encourage dune restoration and
833 revegetation to be incorporated as part of storm damage recovery
834 projects or future dune maintenance events.
835 (i) Identify beach areas used by marine turtles and develop
836 strategies for protection of the turtles and their nests and
837 nesting locations.
838 (j) Identify alternative management responses to preserve
839 undeveloped beach and dune systems and to restore damaged beach
840 and dune systems. In identifying such management responses, the
841 department shall consider, at a minimum, beach restoration and
842 nourishment, armoring, relocation, dune and vegetation
843 restoration, and acquisition.
844 (k) Document procedures and policies for preparing
845 poststorm damage assessments and corresponding recovery plans,
846 including repair cost estimates.
847 (l) Identify and assess appropriate management measures for
848 all of the state’s critically eroded sandy beaches.
849 Section 30. Subsections (1) and (2) of section 161.54,
850 Florida Statutes, are amended to read:
851 161.54 Definitions.—In construing ss. 161.52-161.58:
852 (1) “Coastal building zone” means the land area from the
853 seasonal high-water line landward to a line 1,500 feet landward
854 from the coastal construction control line as established
855 pursuant to s. 161.053, and, for those coastal areas fronting on
856 the Gulf of America Mexico, Atlantic Ocean, Florida Bay, or
857 Straits of Florida and not included under s. 161.053, the land
858 area seaward of the most landward velocity zone (V-zone) line as
859 established by the Federal Emergency Management Agency and shown
860 on flood insurance rate maps.
861 (2) “Coastal barrier islands” means geological features
862 which are completely surrounded by marine waters that front upon
863 the open waters of the Gulf of America Mexico, Atlantic Ocean,
864 Florida Bay, or Straits of Florida and are composed of quartz
865 sands, clays, limestone, oolites, rock, coral, coquina,
866 sediment, or other material, including spoil disposal, which
867 features lie above the line of mean high water. Mainland areas
868 which were separated from the mainland by artificial
869 channelization for the purpose of assisting marine commerce may
870 shall not be considered coastal barrier islands.
871 Section 31. Subsection (4) of section 161.55, Florida
872 Statutes, is amended to read:
873 161.55 Requirements for activities or construction within
874 the coastal building zone.—The following requirements shall
875 apply beginning March 1, 1986, to construction within the
876 coastal building zone and shall be minimum standards for
877 construction in this area:
878 (4) APPLICATION TO COASTAL BARRIER ISLANDS.—All
879 requirements of this part which are applicable to the coastal
880 building zone shall also apply to coastal barrier islands. The
881 coastal building zone on coastal barrier islands is shall be the
882 land area from the seasonal high-water line to a line 5,000 feet
883 landward from the coastal construction control line established
884 pursuant to s. 161.053, or the entire island, whichever is less.
885 For coastal barrier islands on which a coastal construction
886 control line has not been established pursuant to s. 161.053,
887 the coastal building zone is shall be the land area seaward of
888 the most landward velocity zone (V-zone) boundary line fronting
889 upon the Gulf of America Mexico, Atlantic Ocean, Florida Bay, or
890 Straits of Florida. All land area in the Florida Keys located
891 within Monroe County must shall be included in the coastal
892 building zone. The coastal building zone on any coastal barrier
893 island between Sebastian Inlet and Fort Pierce Inlet may be
894 reduced in size upon approval of the Land and Water Adjudicatory
895 Commission, if it determines that the local government with
896 jurisdiction has provided adequate protection for the barrier
897 island. In no case, however, shall the coastal building zone be
898 reduced to an area less than a line 2,500 feet landward of the
899 coastal construction control line. The Land and Water
900 Adjudicatory Commission shall withdraw its approval for a
901 reduced coastal building zone if it determines that 6 months
902 after a local government comprehensive plan is due for
903 submission to the state land planning agency pursuant to s.
904 163.3167 the local government with jurisdiction has not adopted
905 a coastal management element which is in compliance with s.
906 163.3178.
907 Section 32. Paragraph (c) of subsection (1) of section
908 206.9935, Florida Statutes, is amended to read:
909 206.9935 Taxes imposed.—
910 (1) TAX FOR COASTAL PROTECTION.—
911 (c)1. Excluding natural gas drilling activities, if
912 offshore oil drilling activity is approved by the United States
913 Department of the Interior for the waters off the coast of this
914 state in the Atlantic Ocean, Gulf of America Mexico, or Straits
915 of Florida, paragraph (b) does shall not apply. Instead, the
916 excise tax is shall be 2 cents per barrel of pollutant, or
917 equivalent measure as established by the department, produced in
918 or imported into this state, and the proceeds must shall be
919 deposited into the Coastal Protection Trust Fund with a cap of
920 $100 million.
921 2. If a discharge of catastrophic proportions occurs, the
922 results of which could significantly reduce the balance in the
923 fund, the Secretary of Environmental Protection may, by rule,
924 increase the levy of the excise tax to an amount not to exceed
925 10 cents per barrel for a period of time sufficient to pay any
926 proven claim against the fund and restore the balance in the
927 fund until it again equals or exceeds $50 million; except that
928 for any fiscal year immediately following the year in which the
929 fund is equal to or exceeds $50 million, the excise tax and fund
930 shall be governed by the provisions of subparagraph 1.
931 Section 33. Paragraph (a) of subsection (10) of section
932 253.03, Florida Statutes, is amended to read:
933 253.03 Board of trustees to administer state lands; lands
934 enumerated.—
935 (10) The Board of Trustees of the Internal Improvement
936 Trust Fund and the state through any of its agencies are hereby
937 prohibited from levying any charge, by whatever name known, or
938 attaching any lien, on any and all materials dredged from state
939 sovereignty tidal lands or submerged bottom lands or on the
940 lands constituting the spoil areas on which such dredged
941 materials are placed, except as otherwise provided for in this
942 subsection, when such materials are dredged by or on behalf of
943 the United States or the local sponsors of active federal
944 navigation projects in the pursuance of the improvement,
945 construction, maintenance, and operation of such projects or by
946 a public body authorized to operate a public port facility (all
947 such parties referred to herein shall hereafter be called
948 “public body”) in pursuance of the improvement, construction,
949 maintenance, and operation of such facility, including any
950 public transfer and terminal facilities, which actions are
951 hereby declared to be for a public purpose. The term “local
952 sponsor” means the local agency designated pursuant to an act of
953 Congress to assume a portion of the navigation project costs and
954 duties. Active federal navigation projects are those
955 congressionally approved projects which are being performed by
956 the United States Army Corps of Engineers or maintained by the
957 local sponsors.
958 (a) Except for beach nourishment seaward of existing lines
959 of vegetation on privately owned or publicly owned uplands
960 fronting on the waters of the Atlantic Ocean or Gulf of America
961 Mexico and authorized pursuant to the provisions of part I of
962 chapter 161, no materials dredged from state sovereignty tidal
963 or submerged bottom lands by a public body may not shall be
964 deposited on private lands until:
965 1. The United States Army Corps of Engineers or the local
966 sponsor has first certified that no public lands are available
967 within a reasonable distance of the dredging site; and
968 2. The public body has published notice of its intention to
969 use utilize certain private lands for the deposit of materials,
970 in a newspaper published and having general circulation in the
971 appropriate county at least three times within a 60-day period
972 prior to the date of the scheduled deposit of any such material,
973 and therein advised the general public of the opportunity to bid
974 on the purchase of such materials for deposit on the purchaser’s
975 designated site, provided any such deposit shall be at no
976 increased cost to the public body. Such notice must shall state
977 the terms, location, and conditions for receipt of bids and
978 shall state that the public body shall accept the highest
979 responsible bid. All bids must shall be submitted to the Board
980 of Trustees of the Internal Improvement Trust Fund. All moneys
981 obtained from such purchases of materials must shall be remitted
982 forthwith to the Board of Trustees of the Internal Improvement
983 Trust Fund. Compliance with this subsection shall vest, without
984 any obligation, full title to the materials in the owner of the
985 land where deposited.
986 Section 34. Paragraph (b) of subsection (5) of section
987 253.12, Florida Statutes, is amended to read:
988 253.12 Title to tidal lands vested in state.—
989 (5)
990 (b) Neither This subsection or nor any other provision of
991 this chapter may not shall be construed to permit any state
992 agency or county, city, or other political subdivision to
993 construct islands or extend or add to existing lands or islands
994 bordering on or being in the navigable waters as defined herein
995 or drain such waters for a municipal, county, state, or other
996 public purpose unless such agency is the riparian upland owner
997 or holds the consent in writing of the riparian upland owner
998 consenting to such construction or extension or drainage
999 operation. For the purposes of this subsection, the term
1000 “riparian upland owners” means shall be defined as those persons
1001 owning upland property abutting those portions of the waters to
1002 be filled or drained, which are within 1,000 feet outboard of
1003 said riparian upland, but not more than one-half the distance to
1004 the opposite upland, if any, and within the extensions of the
1005 side boundary lines thereof, when said side boundary lines are
1006 extended in the direction of the channel along an alignment
1007 which would be required to distribute equitably the submerged
1008 land between the upland and the channel. However, this paragraph
1009 may not nothing herein shall be construed to deny or limit any
1010 state agency or county, city, or other political subdivision
1011 from exercising the right of eminent domain to the extent and
1012 for the purposes authorized by law in connection with such
1013 construction, extension, or drainage projects; and this
1014 paragraph may not nothing herein shall be construed to have
1015 application in those instances when the board is authorized by
1016 law to establish an erosion control line to implement an
1017 authorized beach nourishment, replenishment, or erosion-control
1018 project, or for the placement of sand dredged from navigation
1019 channels on beaches fronting the waters of the Atlantic Ocean or
1020 the Gulf of America Mexico, provided such sand is not placed
1021 landward of existing lines of vegetation.
1022 Section 35. Section 253.783, Florida Statutes, is amended
1023 to read:
1024 253.783 Expenditures for acquisition of land for a canal
1025 connecting the waters of the Atlantic Ocean with the Gulf of
1026 America Mexico via the St. Johns River prohibited.—The
1027 department may not shall make no expenditures for the purpose of
1028 acquiring land for constructing, operating, or promoting a canal
1029 across the peninsula of Florida connecting the waters of the
1030 Atlantic Ocean with the waters of the Gulf of America Mexico via
1031 the St. Johns River.
1032 Section 36. Section 258.09, Florida Statutes, is amended to
1033 read:
1034 258.09 Rauscher Park designated.—There is designated and
1035 established as a state park to be known as Rauscher Park, in
1036 Escambia County, the lands lying between the Big Lagoon and the
1037 Gulf of America Mexico, now owned by Escambia County, or
1038 hereafter acquired by Escambia County, adjacent or contiguous
1039 thereto, from private owners or from the United States
1040 Government; and the board of county commissioners of Escambia
1041 County may execute proper conveyance to the board of
1042 commissioners of state institutions covering the property now
1043 owned by Escambia County, as aforesaid, and said board of county
1044 commissioners of Escambia County may acquire in the name of the
1045 Division of Recreation and Parks of the Department of
1046 Environmental Protection any property adjacent or contiguous
1047 thereto, from private owners or from the United States
1048 Government; and said division may accept in the name of the
1049 state the title to any such lands, whether from said Escambia
1050 County, or whether same be property acquired from private owners
1051 or the United States Government.
1052 Section 37. Section 258.395, Florida Statutes, is amended
1053 to read:
1054 258.395 Big Bend Seagrasses Aquatic Preserve.—The following
1055 described area in Wakulla, Jefferson, Taylor, Dixie, and Levy
1056 Counties is hereby designated by the Legislature for inclusion
1057 in the aquatic preserve system under the Florida Aquatic
1058 Preserve Act of 1975. Such area, to be known as the Big Bend
1059 Seagrasses Aquatic Preserve, must shall be included in the
1060 aquatic preserve system and must shall include all the
1061 sovereignty submerged lands lying within the following described
1062 boundaries: Begin where the northerly mean high water line of
1063 Withlacoochee River meets the mean high water line of the Gulf
1064 of America Mexico, Township 17 South, Range 15 East, Levy
1065 County: Thence from the said point of beginning proceed
1066 northwesterly along the mean high water line of the coast and
1067 its navigable tributaries to the intersection of the westerly
1068 mean high water line of St. Marks River with the mean high water
1069 line of the Gulf of America Mexico, in Township 4 South, Range 1
1070 East, Wakulla County; thence proceed south three marine leagues
1071 into the Gulf of America Mexico; thence proceed southeasterly
1072 along a line three marine leagues from and parallel to the line
1073 of mean high water previously described to an intersection with
1074 a line projected west from the point of beginning; thence
1075 proceed east to the point of beginning. Less and except all
1076 those sovereignty submerged lands within 500 feet of any
1077 incorporated or unincorporated municipality within the above
1078 described lands. Less and except: Begin at the intersection of
1079 the southerly projection of the east line of Range line 4 East
1080 with the mean high water line of the Gulf of America Mexico;
1081 thence proceed southwest to a point on the three marine league
1082 line; thence proceed southeasterly three marine leagues from and
1083 parallel to the mean high water line to a point which is
1084 southwest of the intersection of the southerly line of Section
1085 22, Township 6 South, Range 6 East, Taylor County, with the mean
1086 high water line of the Gulf of America Mexico; thence proceed
1087 Northeast to the foresaid point of intersection; thence proceed
1088 northwesterly along the mean high water line of the Gulf of
1089 America Mexico and its tributaries to the point of beginning.
1090 Less and except all those local access channels adjacent to
1091 Keaton Beach and a proposed navigational channel more
1092 particularly described as follows: Begin at State Plane
1093 Coordinate; X=2,288,032; Y=298,365: Thence proceed West 11,608
1094 feet; thence proceed south 1,440 feet; thence proceed east
1095 11,608 feet; thence proceed north 1,440 feet to the point of
1096 beginning; less and except all those sovereign submerged lands
1097 lying northerly and easterly of U.S. Highway 19.
1098 Section 38. Subsection (2) of section 258.3991, Florida
1099 Statutes, is amended to read:
1100 258.3991 Nature Coast Aquatic Preserve.—
1101 (2) BOUNDARIES.—For purposes of this section, the Nature
1102 Coast Aquatic Preserve consists of the state-owned submerged
1103 lands lying west of a meandering line following the westernmost
1104 shorelines of Citrus, Hernando, and Pasco Counties, excluding
1105 artificial waterways, canals, inland rivers, and tributaries.
1106 Such state-owned submerged lands include all those lands seaward
1107 of the mean high-water line and tidally connected to the Gulf of
1108 America Mexico, lying south of a line extending westerly
1109 approximately 4.5 miles along Latitude 28.910000°, Florida West
1110 Zone (NAD83) from the mean high-water line of the corresponding
1111 shoreline at Fort Island Gulf Beach Park, Latitude 28.910000°,
1112 Longitude -82.690000°, and lying westward of a line extending
1113 north approximately 1.8 miles from Latitude 28.909402°,
1114 Longitude -82.764° to Latitude 28.9355°, Longitude -82.764°,
1115 lying southward of a line extending westerly approximately 2.0
1116 miles to Latitude 28.9355°, Longitude -82.798214°, lying
1117 westward of a line extending north approximately 4.5 miles to
1118 the easternmost point of the southern boundary of the Big Bend
1119 Seagrasses Aquatic Preserve at point Latitude 29.001614°,
1120 Longitude -82.798921°, and will be continuous with the eastern
1121 shoreline of the northern boundary of the Pinellas County
1122 Aquatic Preserve, respectively. The boundary of the Nature Coast
1123 Aquatic Preserve designated as the shoreline will be the mean
1124 high-water line along such shoreline unless otherwise stated and
1125 will not supersede the boundaries of currently designated
1126 Outstanding Florida Waters, state parks, national wildlife
1127 refuges, or aquatic preserves.
1128 Section 39. Subsection (15) of section 327.02, Florida
1129 Statutes, is amended to read:
1130 327.02 Definitions.—As used in this chapter and in chapter
1131 328, unless the context clearly requires a different meaning,
1132 the term:
1133 (15) “Florida Intracoastal Waterway” means the Atlantic
1134 Intracoastal Waterway, the Georgia state line north of
1135 Fernandina to Miami; the Port Canaveral lock and canal to the
1136 Atlantic Intracoastal Waterway; the Atlantic Intracoastal
1137 Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to
1138 Fort Myers; the St. Johns River, Jacksonville to Sanford; the
1139 Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf
1140 Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to
1141 Anclote open bay section, using the Gulf of America Mexico; the
1142 Gulf Intracoastal Waterway, Carrabelle to the Alabama state line
1143 west of Pensacola; and the Apalachicola, Chattahoochee, and
1144 Flint Rivers in Florida.
1145 Section 40. Paragraph (c) of subsection (4) of section
1146 327.60, Florida Statutes, is amended to read:
1147 327.60 Local regulations; limitations.—
1148 (4)
1149 (c) Upon approval of the Administrator of the United States
1150 Environmental Protection Agency pursuant to 33 U.S.C. s. 1322, a
1151 county designated as a rural area of opportunity may create a
1152 no-discharge zone for freshwater water bodies within the
1153 county’s jurisdiction to prohibit treated and untreated sewage
1154 discharges from floating structures and live-aboard vessels not
1155 capable of being used as a means of transportation and from
1156 houseboats. Within no-discharge zone boundaries, operators of
1157 such floating structures, live-aboard vessels, and houseboats
1158 shall retain their sewage on board for discharge at a pumpout
1159 facility or for discharge more than 3 miles off the coast in the
1160 Atlantic Ocean or more than 9 miles off the coast in the Gulf of
1161 America Mexico. Violations of this paragraph are punishable as
1162 provided in s. 327.53(6) and (7).
1163 Section 41. Subsection (1) of section 331.307, Florida
1164 Statutes, is amended to read:
1165 331.307 Development of Cape San Blas facility.—The
1166 spaceport facility at Cape San Blas may only be developed in
1167 accordance with the recommendations of the Spaceport Florida
1168 Feasibility Study upon the following conditions:
1169 (1) Construction at the site may shall not cause
1170 significant degradation of the water quality or injure aquatic
1171 life in St. Joseph Bay or the adjacent water of the Gulf of
1172 America Mexico.
1173 Section 42. Subsection (3) of section 373.019, Florida
1174 Statutes, is amended to read:
1175 373.019 Definitions.—When appearing in this chapter or in
1176 any rule, regulation, or order adopted pursuant thereto, the
1177 term:
1178 (3) “Coastal waters” means waters of the Atlantic Ocean or
1179 the Gulf of America Mexico within the jurisdiction of the state.
1180 Section 43. Paragraphs (a), (b), (d), and (e) of subsection
1181 (2) of section 373.069, Florida Statutes, are amended to read:
1182 373.069 Creation of water management districts.—
1183 (2) Notwithstanding the provisions of any other special or
1184 general act to the contrary, the boundaries of the respective
1185 districts named in subsection (1) shall include the areas within
1186 the following boundaries:
1187 (a) Northwest Florida Water Management District.—Begin at
1188 the point where the section line between Sections 26 and 27,
1189 Township 4 South, Range 3 East intersects the Gulf of America
1190 Mexico; thence north along the section line to the northwest
1191 corner of Section 2, Township 1 South, Range 3 East; thence east
1192 along the Tallahassee Base Line to the southeast corner of
1193 Section 36, Township 1 North, Range 4 East; thence north along
1194 the range line to the northwest corner of Section 6, Township 1
1195 North, Range 5 East; thence east along the township line to the
1196 southeast corner of Section 36, Township 2 North, Range 5 East;
1197 thence north along the range line to the northeast corner of
1198 Section 24, Township 2 North, Range 5 East; thence west along
1199 the section line to the southwest corner of the east 1/2 of
1200 Section 13, Township 2 North, Range 5 East; thence north to the
1201 northwest corner of the east 1/2 of Section 13, Township 2
1202 North, Range 5 East; thence east along the section line to the
1203 southeast corner of Section 12, Township 2 North, Range 5 East;
1204 thence north along the range line to the northeast corner of
1205 Section 24, Township 3 North, Range 5 East; thence west along
1206 the Watson Line to the southwest corner of Lot Number 168;
1207 thence north along the line between Lot Numbers 168 and 169, 154
1208 and 155 to the Georgia line; thence westward along the Georgia
1209 Florida line to the intersection of the south boundary of the
1210 State of Alabama; thence west along the Alabama-Florida line to
1211 the intersection of the northwest corner Alabama-Florida
1212 Boundary; thence south along the Alabama-Florida line to the
1213 Gulf of America Mexico; thence east along the Gulf of America
1214 Mexico, including the waters of said gulf within the
1215 jurisdiction of the State of Florida, to the Point of Beginning.
1216 (b) Suwannee River Water Management District.—Begin in the
1217 Gulf of America Mexico on the section line between Sections 29
1218 and 32, Township 15 South, Range 15 East; thence east along the
1219 section lines to the southwest corner of Section 27, Township 15
1220 South, Range 17 East; thence north along the section line to the
1221 northwest corner of Section 3, Township 15 South, Range 17 East;
1222 thence east along the section line to the easterly right-of-way
1223 line of State Road No. 337; thence northerly along said easterly
1224 right-of-way line of State Road No. 337 to the southerly right
1225 of-way line of State Road No. 24; thence northeasterly along
1226 said southerly right-of-way line of State Road No. 24 to the
1227 Levy-Alachua county line; thence south along the Levy-Alachua
1228 county line, also being the range line between Range 17 and 18
1229 East to the southeast corner of Section 36, Township 11 South,
1230 Range 17 East; thence easterly along the Levy-Alachua county
1231 line, also being the township line between Townships 11 and 12
1232 South, to the southeast corner of Section 36, Township 11 South,
1233 Range 18 East; thence north along the range line to the
1234 northwest corner of Section 19, Township 9 South, Range 19 East;
1235 thence east along the section line to the southeast corner of
1236 Section 13, Township 9 South, Range 19 East; thence north along
1237 the range line to the northwest corner of Section 6, Township 9
1238 South, Range 20 East; thence eastward along the township line to
1239 the southeast corner of Section 36, Township 8 South, Range 20
1240 East; thence north along the township line to the northwest
1241 corner of Section 18, Township 8 South, Range 21 East; thence
1242 east along the section line to the northeast corner of Section
1243 15, Township 8 South, Range 21 East; thence south along the
1244 section line to the southwest corner of Section 23, Township 8
1245 South, Range 21 East; thence east along the section line to the
1246 northeast corner of Section 26, Township 8 South, Range 21 East;
1247 thence south along the section line to the southwest corner of
1248 the north 1/2 of Section 25, Township 8 South, Range 21 East;
1249 thence east along a line to the northeast corner of the south
1250 half of Section 25, Township 8 South, Range 21 East; thence
1251 south along the range line to the southwest corner of Section
1252 30, Township 8 South, Range 22 East; thence east along the
1253 section line to the northeast corner of Section 32, Township 8
1254 South, Range 22 East; thence south along the section line to the
1255 southwest corner of Section 16, Township 9 South, Range 22 East;
1256 thence eastward along the section line to the southeast corner
1257 of the west 1/8 of Section 18, Township 9 South, Range 23 East;
1258 thence northward to the northeast corner of the west 1/8 of
1259 Section 18, Township 9 South, Range 23 East; thence west to the
1260 southwest corner of Section 7, Township 9 South, Range 23 East;
1261 thence northward along the Bradford-Clay County line to the
1262 northeast corner of Section 36, Township 8 South, Range 22 East;
1263 thence west along the section line to the southwest corner of
1264 the east 1/2 of Section 25, Township 8 South, Range 22 East;
1265 thence north to the northeast corner of the west 1/2 of Section
1266 24, Township 8 South, Range 22 East; thence west along the
1267 section line to the southwest corner of Section 13, Township 8
1268 South, Range 22 East; thence north along the section line to the
1269 northwest corner of Section 25, Township 7 South, Range 22 East;
1270 thence east along the section line to the southeast corner of
1271 Section 24, Township 7 South, Range 22 East; thence north along
1272 the Bradford-Clay County line to the intersection of the south
1273 boundary of Baker County; thence west along the Baker-Bradford
1274 County line to the intersection of the east boundary of Union
1275 County; thence west along the Union-Baker County line to the
1276 southwest corner of Section 18, Township 4 South, Range 20 East;
1277 thence north along the range line to the northeast corner of
1278 Section 1, Township 3 South, Range 19 East; thence west along
1279 the township line to the intersection of the east boundary of
1280 Columbia County; thence north along the Baker-Columbia County
1281 line to the intersection of the north boundary line of the State
1282 of Florida; thence westward along the Georgia-Florida line to
1283 the northwest corner of Lot Number 155; thence south along the
1284 line between Lot Number 154 and 155, 168 and 169 to the Watson
1285 Line; thence east along the Watson Line to the northeast corner
1286 of Section 24, Township 3 North, Range 5 East; thence south
1287 along the range line between Ranges 5 and 6 East to the
1288 southeast corner of Section 12, Township 2 North, Range 5 East;
1289 thence west along the section line to the northwest corner of
1290 the east 1/2 of Section 13, Township 2 North, Range 5 East;
1291 thence south to the southwest corner of the east 1/2 of Section
1292 13, Township 2 North, Range 5 East; thence east along the
1293 section line to the northeast corner of Section 24, Township 2
1294 North, Range 5 East; thence south along the range line between
1295 Ranges 5 and 6 East to the southeast corner of Section 36,
1296 Township 2 North, Range 5 East; thence west along the township
1297 line between Townships 1 and 2 North to the northwest corner of
1298 Section 6, Township 1 North, Range 5 East; thence south along
1299 the range line between Ranges 4 and 5 East to the southeast
1300 corner of Section 36, Township 1 North, Range 4 East; thence
1301 west along the Tallahassee Base Line to the northwest corner of
1302 Section 2, Township 1 South, Range 3 East; thence south along
1303 the section line to the Gulf of America Mexico; thence along the
1304 shore of the Gulf of America Mexico, including the waters of
1305 said gulf within the jurisdiction of the State of Florida, to
1306 the point of the beginning.
1307 (d) Southwest Florida Water Management District.—Begin at
1308 the intersection of the north boundary of Lee County with the
1309 Gulf of America Mexico; thence eastward along the Lee-Charlotte
1310 County line to the Southeast corner of Section 33, Township 42
1311 South, Range 24 East; thence North into Charlotte County, along
1312 the section lines to the Northeast corner of Section 4, Township
1313 42 South, Range 24 East; thence East along the township line
1314 between Townships 41 and 42 South to the Southeast corner of
1315 Section 36, Township 41 South, Range 25 East; thence north along
1316 the section line to the northwest corner of Section 6, Township
1317 41 South, Range 26 East; thence east along the section line to
1318 the southeast corner of Section 36, Township 40 South, Range 26
1319 East; thence North along the range line between Ranges 26 and 27
1320 to the Northeast corner of Section 1, Township 40 South, Range
1321 26 East, and the Charlotte-Desoto County line; thence east along
1322 the Charlotte-Desoto County line to the southeast corner of
1323 Section 36, Township 39 South, Range 27 East; thence north along
1324 the DeSoto-Highlands County line to the intersection of the
1325 South boundary of Hardee County; thence north along the Hardee
1326 Highlands County line to the southwest corner of Township 35
1327 South, Range 28 East; thence east along the north boundary of
1328 Township 36 South to the northeast corner of Section 1, Township
1329 36 South, Range 28 East; thence south along the range line to
1330 the southeast corner of Section 12, Township 37 South, Range 28
1331 East; thence east along the section line to the northeast corner
1332 of Section 15, Township 37 South, Range 29 East; thence south
1333 along the section line to the southeast corner of Section 34,
1334 Township 37 South, Range 29 East; thence east along the township
1335 line to the northeast corner of Section 1, Township 38 South,
1336 Range 29 East; thence south along the range line to the
1337 southeast corner of Section 1, Township 39 South, Range 29 East;
1338 thence east along the section line to the northwest corner of
1339 Section 11, Township 39 South, Range 30 East; thence north along
1340 the section line to the southwest corner of Section 35, Township
1341 38 South, Range 30 East; thence east along the township line to
1342 the southeast corner of the west 1/4 of Section 35, Township 38
1343 South, Range 30 East; thence north along the 1/4-section line of
1344 Sections 35, 26, and 23, Township 38 South, Range 30 East to the
1345 northeast corner of the west 1/4 section of Section 23, Township
1346 38 South, Range 30 East; thence west along the section line to
1347 the northwest corner of Section 23, Township 38 South, Range 30
1348 East; thence north along the section line to the northwest
1349 corner of Section 2, Township 37 South, Range 30 East; thence
1350 west along the township line to the southwest corner of Section
1351 34, Township 36 South, Range 30 East; thence north along the
1352 section line to the northwest corner of Section 3, Township 36
1353 South, Range 30 East; thence west along the township line to the
1354 southwest corner of Section 31, Township 35 South, Range 30
1355 East; thence north along the range line between Ranges 29 and 30
1356 East, through Townships 35, 34, and 33 South, to the northeast
1357 corner of Township 33 South, Range 29 East, being on the
1358 Highlands-Polk County line; thence west along the Highlands-Polk
1359 County line to the southeast corner of Township 32 South, Range
1360 28 East; thence north along the range line between Ranges 28 and
1361 29 East, in Townships 32 and 31 South, to the northeast corner
1362 of Section 12 in Township 31 South, Range 28 East; thence east
1363 along the section line to the northeast corner of Section 7,
1364 Township 31 South, Range 29 East; thence north along the section
1365 line to the northwest corner of Section 17, Township 30 South,
1366 Range 29 East; thence east along the section line to the
1367 northeast corner of the west 1/2 of Section 17, Township 30
1368 South, Range 29 East; thence north along the 1/2-section line to
1369 the northeast corner of the west 1/2 of Section 5, Township 30
1370 South, Range 29 East; thence west along the section line to the
1371 southwest corner of Section 32, Township 29 South, Range 29
1372 East; thence north along the section line to the northeast
1373 corner of Section 19 in Township 29 South, Range 29 East; thence
1374 west along the north boundaries of Section 19, Township 29
1375 South, Range 29 East, and Sections 24, 23, 22, 21, and 20,
1376 Township 29 South, Range 28 East, to the northwest corner of
1377 said Section 20; thence north along the section line to the
1378 intersection of said section line with the west shore line of
1379 Lake Pierce in Township 29 South, Range 28 East; thence
1380 following the west shore of Lake Pierce to its intersection
1381 again with the west section line of Section 5, Township 29
1382 South, Range 28 East; thence north along the section line to the
1383 northwest corner of Section 5, Township 29 South, Range 28 East;
1384 thence east along the township line to the southwest corner of
1385 Section 33, Township 28 South, Range 28 East; thence north along
1386 the section line to the northwest corner of the southwest 1/4 of
1387 the southwest 1/4 of Section 28, Township 28 South, Range 28
1388 East; thence east along the 1/4-section line to the intersection
1389 of said 1/4-section line with Lake Pierce; thence follow the
1390 shore line northeasterly to its intersection with the 1/2
1391 section line of Section 28, Township 28 South, Range 28 East;
1392 thence north on the 1/2-section line to the northwest corner of
1393 the southeast 1/4 of Section 28, Township 28 South, Range 28
1394 East; thence east to the northeast corner of the southeast 1/4
1395 of Section 28, Township 28 South, Range 28 East; thence south
1396 along the section line to the northwest corner of Section 3,
1397 Township 29 South, Range 28 East; thence east along the section
1398 line to the northeast corner of Section 3, Township 29 South,
1399 Range 28 East; thence north along the section line to the
1400 northwest corner of Section 23, Township 28 South, Range 28
1401 East; thence west along the section line to the southwest corner
1402 of Section 16, Township 28 South, Range 28 East; thence north
1403 along the section line to the northwest corner of Section 16,
1404 Township 28 South, Range 28 East; thence west along the section
1405 line to the southwest corner of Section 8, Township 28 South,
1406 Range 28 East; thence north along the section line to the
1407 northwest corner of Section 5, Township 28 South, Range 28 East;
1408 thence west along the township line to the intersection of said
1409 township line with Lake Marion; thence following the south shore
1410 line of Lake Marion to its intersection again with said township
1411 line; thence west along the township line to the southeast
1412 corner of Section 36, Township 37 South, Range 27 East; thence
1413 north along the range line between Ranges 27 and 28 East to the
1414 intersection of said range line with Lake Marion; thence
1415 following the west shore of Lake Marion to its intersection
1416 again with the range line between Ranges 27 and 28 East; thence
1417 north along said range line, in Townships 27 and 26 South, to
1418 the northeast corner of Township 26 South, Range 27 East, being
1419 on the Polk-Osceola County line; thence west along the Polk
1420 Osceola County line to the northwest corner of Township 26
1421 South, Range 27 East; thence north along the section line to the
1422 Lake-Polk County line; thence west along the county line to the
1423 southwest corner of Section 32, Township 24 South, Range 26
1424 East; thence into Lake County, north along the section lines to
1425 the northeast corner of Section 30, Township 24 South, Range 26
1426 East; thence west along the section lines to the northeast
1427 corner of Section 28, Township 24 South, Range 25 East; thence
1428 north along the section lines to the northeast corner of Section
1429 16, Township 24 South, Range 25 East; thence west along the
1430 section line to the northwest corner of Section 16, Township 24
1431 South, Range 25 East; thence north along the section line to the
1432 northeast corner of Section 8, Township 24 South, Range 25 East;
1433 thence west along the section lines to the range line between
1434 Ranges 24 and 25; thence north along the range line to the
1435 northeast corner of Section 1, Township 23 South, Range 24 East,
1436 also being on the township line between Townships 22 and 23
1437 South; thence west along the township line to the northwest
1438 corner of Section 6, Township 23 South, Range 24 East also being
1439 on the Sumter-Lake County line; thence north along the Sumter
1440 Lake County line, also being the range line between Ranges 23
1441 and 24, to the northeast corner of Section 1, Township 18 South,
1442 Range 23 East and the Marion County line; thence west, along the
1443 Sumter-Marion County line, also being the township line between
1444 Townships 17 and 18 South, to the westerly right-of-way line of
1445 Interstate Highway 75; thence northerly along the westerly
1446 right-of-way line of Interstate Highway 75 to the Alachua-Marion
1447 County line, said line also being the township line between
1448 Townships 11 and 12 South; thence west along the Alachua-Marion
1449 County line to the northwest corner of Section 3, Township 12
1450 South, Range 19 East and the Levy County line; thence westerly
1451 along the Levy-Alachua County line, also being the township line
1452 between Townships 11 and 12 South, to the southeast corner of
1453 Section 36, Township 11 South, Range 17 East; thence north along
1454 the Levy-Alachua County line, also being the range line between
1455 Ranges 17 and 18 East, to the southerly right-of-way line of
1456 State Road No. 24; thence southwesterly along said southerly
1457 right-of-way line to the easterly right-of-way line of State
1458 Road No. 337; thence southerly, along said easterly right-of-way
1459 line of State Road No. 337, to the south line of Section 35,
1460 Township 14 South, Range 17 East; thence west along the section
1461 line to the northwest corner of Section 3, Township 15 South,
1462 Range 17 East; thence south along the section lines to the
1463 southwest corner of Section 27, Township 15 South, Range 17
1464 East; thence west to the Gulf of America Mexico; thence south
1465 along the Gulf of America Mexico, including the waters of said
1466 gulf within the jurisdiction of the State of Florida, to the
1467 point of beginning.
1468 (e) South Florida Water Management District.—Begin at the
1469 intersection of the north boundary of Lee County with the Gulf
1470 of America Mexico; thence easterly along the Lee-Charlotte
1471 County line to the southwest corner of Section 34, Township 42
1472 South, Range 24 East; thence northerly along the section lines
1473 to the northwest corner of Section 3, Township 42 South, Range
1474 24 East; thence easterly along the Township line between
1475 Townships 41 and 42 South to the southwest corner of Section 31,
1476 Township 41 South, Range 26 East; thence northerly along the
1477 Range line between Ranges 25 and 26 East to the northwest corner
1478 of Section 6, Township 41 South, Range 26 East; thence easterly
1479 along the Township line between Townships 40 and 41 South to the
1480 southwest corner of Section 31, Township 40 South, Range 27
1481 East; thence northerly along the Range line between Ranges 26
1482 and 27 East to the Charlotte-DeSoto County line; thence easterly
1483 along the Charlotte-Desoto County line to the west line of
1484 Highlands County; thence northerly along the Highlands-Desoto
1485 County line and along the Highlands-Hardee County line to the
1486 northwest corner of Township 36 South, Range 28 East; thence
1487 east along the north boundary of Township 36 South to the
1488 northeast corner of Section 1, Township 36 South, Range 28 East;
1489 thence south along the range line to the southeast corner of
1490 Section 12, Township 37 South, Range 28 East; thence east along
1491 the section line to the northeast corner of Section 15, Township
1492 37 South, Range 29 East; thence south along the section line to
1493 the southeast corner of Section 34, Township 37 South, Range 29
1494 East; thence east along the township line to the northeast
1495 corner of Section 1, Township 38 South, Range 29 East; thence
1496 south along the range line to the southeast corner of Section 1,
1497 Township 39 South, Range 29 East; thence east along the section
1498 line to the northwest corner of Section 11, Township 39 South,
1499 Range 30 East; thence north along the section line to the
1500 southwest corner of Section 35, Township 38 South, Range 30
1501 East; thence east along the township line to the southeast
1502 corner of the west 1/4 of Section 35, Township 38 South, Range
1503 30 East; thence north along the 1/4-section line of Sections 35,
1504 26, and 23, Township 38 South, Range 30 East to the northeast
1505 corner of the west 1/4 section of Section 23, Township 38 South,
1506 Range 30 East; thence west along the section line to the
1507 northwest corner of Section 23, Township 38 South, Range 30
1508 East; thence north along the section line to the northwest
1509 corner of Section 2, Township 37 South, Range 30 East; thence
1510 west along the township line to the southwest corner of Section
1511 34, Township 36 South, Range 30 East; thence north along the
1512 section line to the northwest corner of Section 3, Township 36
1513 South, Range 30 East; thence west along the township line to the
1514 southwest corner of Section 31, Township 35 South, Range 30
1515 East; thence north along the range line between Ranges 29 and 30
1516 East, through Townships 35, 34, and 33 South, to the northwest
1517 corner of Township 33 South, Range 30 East, being on the
1518 Highlands-Polk County line; thence west along the Highlands-Polk
1519 County line to the southwest corner of Township 32 South, Range
1520 29 East; thence north along the range line between Ranges 28 and
1521 29 East, in Townships 32 and 31 South, to the northwest corner
1522 of Section 7 in Township 31 South, Range 29 East; thence east
1523 along the section line to the northeast corner of Section 7,
1524 Township 31 South, Range 29 East; thence north along the section
1525 line to the northwest corner of Section 17, Township 30 South,
1526 Range 29 East; thence east along the section line to the
1527 northeast corner of the west 1/2 of Section 17, Township 30
1528 South, Range 29 East; thence north along the 1/2-section line to
1529 the northeast corner of the west 1/2 of Section 5, Township 30
1530 South, Range 29 East; thence west along the section line to the
1531 southwest corner of Section 32, Township 29 South, Range 29
1532 East; thence north along the section line to the northeast
1533 corner of Section 19 in Township 29 South, Range 29 East; thence
1534 west along the south boundaries of Section 18, Township 29
1535 South, Range 29 East and Sections 13, 14, 15, 16, and 17 in
1536 Township 29 South, Range 28 East, to the southwest corner of
1537 said Section 17; thence north along the section line to the
1538 intersection of said section line with the west shore line of
1539 Lake Pierce in Township 29 South, Range 28 East; thence
1540 following the west shore of Lake Pierce to its intersection
1541 again with the west section line of Section 5, Township 29
1542 South, Range 28 East; thence north along the section line to the
1543 northwest corner of Section 5, Township 29 South, Range 28 East;
1544 thence east along the township line to the southwest corner of
1545 Section 33, Township 28 South, Range 28 East; thence north along
1546 the section line to the northwest corner of the southwest 1/4 of
1547 the southwest 1/4 of Section 28, Township 28 South, Range 28
1548 East; thence east along the 1/4-section line to the intersection
1549 of said 1/4-section line with Lake Pierce; thence follow the
1550 shore line northeasterly to its intersection with the 1/2
1551 section line of Section 28, Township 28 South, Range 28 East;
1552 thence north on the 1/2-section line to the northwest corner of
1553 the southeast 1/4 of Section 28, Township 28 South, Range 28
1554 East; thence east along the 1/2-section line to the northeast
1555 corner of the southeast 1/4 of Section 28, Township 28 South,
1556 Range 28 East; thence south along the section line to the
1557 northwest corner of Section 3, Township 29 South, Range 28 East;
1558 thence east along the section line to the northeast corner of
1559 Section 3, Township 29 South, Range 28 East; thence north along
1560 the section line to the northwest corner of Section 23, Township
1561 28 South, Range 28 East; thence west along the section line to
1562 the southwest corner of Section 16, Township 28 South, Range 28
1563 East; thence north along the section line to the northwest
1564 corner of Section 16, Township 28 South, Range 28 East; thence
1565 west along the section line to the southwest corner of Section
1566 8, Township 28 South, Range 28 East; thence north along the
1567 section line to the northwest corner of Section 5, Township 28
1568 South, Range 28 East; thence west along the township line to the
1569 intersection of said township line with Lake Marion; thence
1570 following the south shore line of Lake Marion to its
1571 intersection again with said township line; thence west along
1572 the township line to the southeast corner of Section 36,
1573 Township 27 South, Range 27 East; thence north along the range
1574 line between Ranges 27 and 28 East to the intersection of said
1575 range line with Lake Marion; thence following the west shore of
1576 Lake Marion to its intersection again with the range line
1577 between Ranges 27 and 28 East; thence north along said range
1578 line, in Townships 27 and 26 South, to the northwest corner of
1579 Township 26 South, Range 28 East, being on the Polk-Osceola
1580 County line; thence west along the Polk-Osceola County line to
1581 the southwest corner of Township 25 South, Range 27 East; thence
1582 northerly along the range line between Ranges 26 and 27 East to
1583 the northwest corner of Section 18, Township 23 South, Range 27
1584 East; thence easterly along the section lines to the southwest
1585 corner of Section 12, Township 23 South, Range 27 East; thence
1586 northerly along the section lines to the northwest corner of
1587 Section 1, Township 23 South, Range 27 East; thence easterly
1588 along the Township line between Townships 22 and 23 South to the
1589 southwest corner of Section 31, Township 22 South, Range 29
1590 East; thence northerly along the Range line between Ranges 28
1591 and 29 East to the northwest corner of Section 30, Township 22
1592 South, Range 29 East; thence easterly along the section lines to
1593 the westerly right-of-way line of U.S. Highway 441; thence
1594 southerly along the westerly right-of-way line to the
1595 intersection with the northerly right-of-way line of State Road
1596 528A; thence easterly along the northerly right-of-way line to
1597 the intersection with the northerly right-of-way line of State
1598 Road 528, also known as the Bee Line Expressway; thence easterly
1599 along the northerly right-of-way line of State Road 528 to the
1600 intersection with the range line between Township 23 South,
1601 Range 31 East and Township 23 South, Range 32 East; thence
1602 southerly along the Range line between Ranges 31 and 32 East to
1603 the Orange-Osceola County line; thence easterly along said
1604 county line between Townships 24 and 25 South to the northeast
1605 corner of Section 5, Township 25 South, Range 32 East; thence
1606 southerly along the section lines to the southeast corner of
1607 Section 32, Township 25 South, Range 32 East; thence easterly
1608 along the Township line between Townships 25 and 26 South to the
1609 northeast corner of Section 1, Township 26 South, Range 32 East;
1610 thence southerly along the Range line between Ranges 32 and 33
1611 East to the southeast corner of Section 36, Township 27 South,
1612 Range 32 East; thence westerly along the township line between
1613 Townships 27 and 28 South, to the northeast corner of Section 1,
1614 Township 28 South, Range 32 East; thence southerly along the
1615 Range line between Ranges 32 and 33 East to the southeast corner
1616 of Section 36, Township 29 South, Range 32 East; thence easterly
1617 along the Township line between Townships 29 and 30 South to the
1618 northeast corner of Section 1, Township 30 South, Range 33 East;
1619 thence southerly along the Range line between Ranges 33 and 34
1620 East to the southeast corner of Section 36, Township 30 South,
1621 Range 33 East; thence westerly along the Township line between
1622 Townships 30 and 31 South to the northeast corner of Section 4,
1623 Township 31 South, Range 33 East; thence southerly along the
1624 section lines to the Osceola-Okeechobee County line; thence
1625 easterly along said county line to the northeast corner of
1626 Section 3, Township 33 South, Range 34 East; thence southerly
1627 along the section lines to the southeast corner of Section 34,
1628 Township 34 South, Range 34 East; thence easterly along the
1629 Township line between Townships 34 and 35 South to the southwest
1630 corner of Section 36, Township 34 South, Range 35 East; thence
1631 northerly along the section lines to the northwest corner of
1632 Section 13, Township 34 South, Range 35 East; thence easterly
1633 along the section line to the Range line between Ranges 35 and
1634 36 East; thence northerly along said Range line to the northwest
1635 corner of Section 18, Township 34 South, Range 36 East; thence
1636 easterly along the section lines to the southwest corner of
1637 Section 10, Township 34 south, Range 36 East; thence northerly
1638 along the section line to the northwest corner of said Section
1639 10; thence easterly along the section lines to the Okeechobee
1640 St. Lucie County line; thence northerly along said county line
1641 to the south line of Indian River County; thence easterly along
1642 the St. Lucie-Indian River County line to the Atlantic Ocean;
1643 thence southerly along the Atlantic Ocean to the Gulf of America
1644 Mexico; thence northerly along the Gulf of America Mexico,
1645 including the waters of said Ocean and of said gulf and the
1646 islands therein within the jurisdiction of the State of Florida,
1647 to the point of beginning.
1648 Section 44. Subsection (10) of section 375.031, Florida
1649 Statutes, is amended to read:
1650 375.031 Acquisition of land; procedures.—
1651 (10) The department is empowered and authorized to provide
1652 matching funds to counties and municipalities of up to 50
1653 percent of the cost of purchasing, exclusive of condemnation,
1654 rights-of-way for access roads or walkways to public beaches
1655 contiguous with the Atlantic Ocean or the Gulf of America
1656 Mexico.
1657 Section 45. Paragraph (c) of subsection (2) of section
1658 376.25, Florida Statutes, is amended to read:
1659 376.25 Gambling vessels; registration; required and
1660 prohibited releases.—
1661 (2) DEFINITIONS.—As used in this section, the term:
1662 (c) “Coastal waters” means waters of the Atlantic Ocean
1663 within 3 nautical miles of the coastline of the state and waters
1664 of the Gulf of America Mexico within 9 nautical miles of the
1665 coastline of the state.
1666 Section 46. Paragraph (a) of subsection (1) of section
1667 377.242, Florida Statutes, is amended to read:
1668 377.242 Permits for drilling or exploring and extracting
1669 through well holes or by other means.—The department is vested
1670 with the power and authority:
1671 (1)(a) To issue permits for the drilling for, exploring
1672 for, or production of oil, gas, or other petroleum products
1673 which are to be extracted from below the surface of the land,
1674 including submerged land, only through the well hole drilled for
1675 oil, gas, and other petroleum products.
1676 1. A No structure intended for the drilling for, or
1677 production of, oil, gas, or other petroleum products may not be
1678 permitted or constructed on any submerged land within any bay or
1679 estuary.
1680 2. A No structure intended for the drilling for, or
1681 production of, oil, gas, or other petroleum products may not be
1682 permitted or constructed within 1 mile seaward of the coastline
1683 of the state.
1684 3. A No structure intended for the drilling for, or
1685 production of, oil, gas, or other petroleum products may not be
1686 permitted or constructed within 1 mile of the seaward boundary
1687 of any state, local, or federal park or aquatic or wildlife
1688 preserve or on the surface of a freshwater lake, river, or
1689 stream.
1690 4. A No structure intended for the drilling for, or
1691 production of, oil, gas, or other petroleum products may not be
1692 permitted or constructed within 1 mile inland from the shoreline
1693 of the Gulf of America Mexico, the Atlantic Ocean, or any bay or
1694 estuary or within 1 mile of any freshwater lake, river, or
1695 stream unless the department is satisfied that the natural
1696 resources of such bodies of water and shore areas of the state
1697 will be adequately protected in the event of accident or
1698 blowout.
1699 5. Without exception, after July 1, 1989, a no structure
1700 intended for the drilling for, or production of, oil, gas, or
1701 other petroleum products may not be permitted or constructed
1702 south of 26°00′00″ north latitude off Florida’s west coast and
1703 south of 27°00′00″ north latitude off Florida’s east coast,
1704 within the boundaries of Florida’s territorial seas as defined
1705 in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
1706 intended for the drilling for, or production of, oil, gas, or
1707 other petroleum products may not be permitted or constructed
1708 north of 26°00′00″ north latitude off Florida’s west coast to
1709 the western boundary of the state bordering Alabama as set forth
1710 in s. 1, Art. II of the State Constitution, or located north of
1711 27°00′00″ north latitude off Florida’s east coast to the
1712 northern boundary of the state bordering Georgia as set forth in
1713 s. 1, Art. II of the State Constitution, within the boundaries
1714 of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
1715
1716 Each permit shall contain an agreement by the permitholder that
1717 the permitholder will not prevent inspection by division
1718 personnel at any time. The provisions of this section
1719 prohibiting permits for drilling or exploring for oil in coastal
1720 waters do not apply to any leases entered into before June 7,
1721 1991.
1722 Section 47. Subsection (5) of section 377.2431, Florida
1723 Statutes, is amended to read:
1724 377.2431 Conditions for granting permits for natural gas
1725 storage facilities.—
1726 (5) A permit may not be issued for a natural gas storage
1727 facility that includes a natural gas storage reservoir located
1728 beneath an underground source of drinking water unless the
1729 applicant demonstrates that the injection, storage, or recovery
1730 of natural gas will not cause or allow natural gas to migrate
1731 into the underground source of drinking water; in any offshore
1732 location in the Gulf of America Mexico, the Straits of Florida,
1733 or the Atlantic Ocean; or in any solution-mined cavern within a
1734 salt formation.
1735 Section 48. Subsection (2) of section 379.101, Florida
1736 Statutes, is amended to read:
1737 379.101 Definitions.—In construing these statutes, where
1738 the context does not clearly indicate otherwise, the word,
1739 phrase, or term:
1740 (2) “Beaches” and “shores” shall mean the coastal and
1741 intracoastal shoreline of this state bordering upon the waters
1742 of the Atlantic Ocean, the Gulf of America Mexico, the Straits
1743 of Florida, and any part thereof, and any other bodies of water
1744 under the jurisdiction of the State of Florida, between the mean
1745 high-water line and as far seaward as may be necessary to
1746 effectively carry out the purposes of this act.
1747 Section 49. Subsection (1) of section 379.244, Florida
1748 Statutes, is amended to read:
1749 379.244 Crustacea, marine animals, fish; regulations;
1750 general provisions.—
1751 (1) OWNERSHIP OF FISH, SPONGES, ETC.—All fish, shellfish,
1752 sponges, oysters, clams, and crustacea found within the rivers,
1753 creeks, canals, lakes, bayous, lagoons, bays, sounds, inlets,
1754 and other bodies of water within the jurisdiction of the state,
1755 and within the Gulf of America Mexico and the Atlantic Ocean
1756 within the jurisdiction of the state, excluding all privately
1757 owned enclosed fish ponds not exceeding 150 acres, are the
1758 property of the state and may be taken and used by its residents
1759 citizens and persons not residents citizens, subject to the
1760 reservations and restrictions imposed by these statutes. No
1761 Water bottoms owned by the state may not shall ever be sold,
1762 transferred, dedicated, or otherwise conveyed without reserving
1763 in the people the absolute right to fish thereon, except as
1764 otherwise provided in these statutes.
1765 Section 50. Paragraph (a) of subsection (3) of section
1766 379.248, Florida Statutes, is amended to read:
1767 379.248 Sponges; regulation.—
1768 (3) TAKING, POSSESSING COMMERCIAL; SIZE.—
1769 (a) A No person may not take, by any means or method, from
1770 the waters of the Gulf of America Mexico, the straits of this
1771 state or the other waters within the territorial limits of this
1772 state, any commercial sponges, measuring, when wet, less than 5
1773 inches in their maximum diameter.
1774 Section 51. Subsection (3) of section 380.0555, Florida
1775 Statutes, is amended to read:
1776 380.0555 Apalachicola Bay Area; protection and designation
1777 as area of critical state concern.—
1778 (3) DESIGNATION.—Franklin County, as described in s. 7.19,
1779 less all federally owned lands, less all lands lying east of the
1780 line formed by the eastern boundary of State Road 319 running
1781 from the Ochlockonee River to the intersection of State Road 319
1782 and State Road 98 and thence due south to the Gulf of America
1783 Mexico, and less any lands removed under subsection (4), is
1784 hereby designated an area of critical state concern on June 18,
1785 1985. State road, For the purpose of this section, the term
1786 “state road” has the same meaning as shall be defined as in s.
1787 334.03. For the purposes of this act, this area shall be known
1788 as the Apalachicola Bay Area.
1789 Section 52. Section 380.24, Florida Statutes, is amended to
1790 read:
1791 380.24 Local government participation.—Units of local
1792 government abutting the Gulf of America Mexico or the Atlantic
1793 Ocean, or which include or are contiguous to waters of the state
1794 where marine species of vegetation listed by rule as ratified in
1795 s. 373.4211 constitute the dominant plant community, shall
1796 develop a coastal zone protection element pursuant to s.
1797 163.3177. Such units of local government shall be eligible to
1798 receive technical assistance from the state in preparing coastal
1799 zone protection elements and shall be the only units of local
1800 government eligible to apply to the department for available
1801 financial assistance. Local government participation in the
1802 coastal management program authorized by this act is shall be
1803 voluntary. All permitting and enforcement of dredged-material
1804 management and other related activities subject to permit under
1805 the provisions of chapters 161 and 253 and part IV of chapter
1806 373 for deepwater ports identified in s. 403.021(9)(b) must
1807 shall be done through the department consistent with the
1808 provisions of s. 403.021(9).
1809 Section 53. For the purpose of incorporating the amendment
1810 made by this act to section 161.053, Florida Statutes, in
1811 references thereto, paragraphs (b) and (p) of subsection (7) of
1812 section 337.401, Florida Statutes, are reenacted to read:
1813 337.401 Use of right-of-way for utilities subject to
1814 regulation; permit; fees.—
1815 (7)
1816 (b) As used in this subsection, the term:
1817 1. “Antenna” means communications equipment that transmits
1818 or receives electromagnetic radio frequency signals used in
1819 providing wireless services.
1820 2. “Applicable codes” means uniform building, fire,
1821 electrical, plumbing, or mechanical codes adopted by a
1822 recognized national code organization or local amendments to
1823 those codes enacted solely to address threats of destruction of
1824 property or injury to persons, and includes the National
1825 Electric Safety Code and the 2017 edition of the Florida
1826 Department of Transportation Utility Accommodation Manual.
1827 3. “Applicant” means a person who submits an application
1828 and is a wireless provider.
1829 4. “Application” means a request submitted by an applicant
1830 to an authority for a permit to collocate small wireless
1831 facilities or to place a new utility pole used to support a
1832 small wireless facility.
1833 5. “Authority” means a county or municipality having
1834 jurisdiction and control of the rights-of-way of any public
1835 road. The term does not include the Department of
1836 Transportation. Rights-of-way under the jurisdiction and control
1837 of the department are excluded from this subsection.
1838 6. “Authority utility pole” means a utility pole owned by
1839 an authority in the right-of-way. The term does not include a
1840 utility pole owned by a municipal electric utility, a utility
1841 pole used to support municipally owned or operated electric
1842 distribution facilities, or a utility pole located in the right
1843 of-way within:
1844 a. A retirement community that:
1845 (I) Is deed restricted as housing for older persons as
1846 defined in s. 760.29(4)(b);
1847 (II) Has more than 5,000 residents; and
1848 (III) Has underground utilities for electric transmission
1849 or distribution.
1850 b. A municipality that:
1851 (I) Is located on a coastal barrier island as defined in s.
1852 161.053(1)(b)3.;
1853 (II) Has a land area of less than 5 square miles;
1854 (III) Has less than 10,000 residents; and
1855 (IV) Has, before July 1, 2017, received referendum approval
1856 to issue debt to finance municipal-wide undergrounding of its
1857 utilities for electric transmission or distribution.
1858 7. “Collocate” or “collocation” means to install, mount,
1859 maintain, modify, operate, or replace one or more wireless
1860 facilities on, under, within, or adjacent to a wireless support
1861 structure or utility pole. The term does not include the
1862 installation of a new utility pole or wireless support structure
1863 in the public rights-of-way.
1864 8. “FCC” means the Federal Communications Commission.
1865 9. “Micro wireless facility” means a small wireless
1866 facility having dimensions no larger than 24 inches in length,
1867 15 inches in width, and 12 inches in height and an exterior
1868 antenna, if any, no longer than 11 inches.
1869 10. “Small wireless facility” means a wireless facility
1870 that meets the following qualifications:
1871 a. Each antenna associated with the facility is located
1872 inside an enclosure of no more than 6 cubic feet in volume or,
1873 in the case of antennas that have exposed elements, each antenna
1874 and all of its exposed elements could fit within an enclosure of
1875 no more than 6 cubic feet in volume; and
1876 b. All other wireless equipment associated with the
1877 facility is cumulatively no more than 28 cubic feet in volume.
1878 The following types of associated ancillary equipment are not
1879 included in the calculation of equipment volume: electric
1880 meters, concealment elements, telecommunications demarcation
1881 boxes, ground-based enclosures, grounding equipment, power
1882 transfer switches, cutoff switches, vertical cable runs for the
1883 connection of power and other services, and utility poles or
1884 other support structures.
1885 11. “Utility pole” means a pole or similar structure that
1886 is used in whole or in part to provide communications services
1887 or for electric distribution, lighting, traffic control,
1888 signage, or a similar function. The term includes the vertical
1889 support structure for traffic lights but does not include a
1890 horizontal structure to which signal lights or other traffic
1891 control devices are attached and does not include a pole or
1892 similar structure 15 feet in height or less unless an authority
1893 grants a waiver for such pole.
1894 12. “Wireless facility” means equipment at a fixed location
1895 which enables wireless communications between user equipment and
1896 a communications network, including radio transceivers,
1897 antennas, wires, coaxial or fiber-optic cable or other cables,
1898 regular and backup power supplies, and comparable equipment,
1899 regardless of technological configuration, and equipment
1900 associated with wireless communications. The term includes small
1901 wireless facilities. The term does not include:
1902 a. The structure or improvements on, under, within, or
1903 adjacent to the structure on which the equipment is collocated;
1904 b. Wireline backhaul facilities; or
1905 c. Coaxial or fiber-optic cable that is between wireless
1906 structures or utility poles or that is otherwise not immediately
1907 adjacent to or directly associated with a particular antenna.
1908 13. “Wireless infrastructure provider” means a person who
1909 has been certificated under chapter 364 to provide
1910 telecommunications service or under chapter 610 to provide cable
1911 or video services in this state, or that person’s affiliate, and
1912 who builds or installs wireless communication transmission
1913 equipment, wireless facilities, or wireless support structures
1914 but is not a wireless services provider.
1915 14. “Wireless provider” means a wireless infrastructure
1916 provider or a wireless services provider.
1917 15. “Wireless services” means any services provided using
1918 licensed or unlicensed spectrum, whether at a fixed location or
1919 mobile, using wireless facilities.
1920 16. “Wireless services provider” means a person who
1921 provides wireless services.
1922 17. “Wireless support structure” means a freestanding
1923 structure, such as a monopole, a guyed or self-supporting tower,
1924 or another existing or proposed structure designed to support or
1925 capable of supporting wireless facilities. The term does not
1926 include a utility pole, pedestal, or other support structure for
1927 ground-based equipment not mounted on a utility pole and less
1928 than 5 feet in height.
1929 (p) This subsection does not authorize a person to
1930 collocate or attach small wireless facilities or micro wireless
1931 facilities on a utility pole, unless otherwise permitted by
1932 federal law, or erect a wireless support structure in the right
1933 of-way located within a municipality that:
1934 1. Is located on a coastal barrier island as defined in s.
1935 161.053(1)(b)3.;
1936 2. Has a land area of less than 5 square miles;
1937 3. Has fewer than 10,000 residents; and
1938 4. Has, before July 1, 2017, received referendum approval
1939 to issue debt to finance municipal-wide undergrounding of its
1940 utilities for electric transmission or distribution.
1941
1942 This paragraph does not apply to the installation, placement,
1943 maintenance, or replacement of micro wireless facilities on any
1944 existing and duly authorized aerial communications facilities,
1945 provided that once aerial facilities are converted to
1946 underground facilities, any such collocation or construction
1947 shall be only as provided by the municipality’s underground
1948 utilities ordinance.
1949 Section 54. For the purpose of incorporating the amendment
1950 made by this act to section 327.02, Florida Statutes, in a
1951 reference thereto, subsection (1) of section 327.371, Florida
1952 Statutes, is reenacted to read:
1953 327.371 Human-powered vessels regulated.—
1954 (1) A person may operate a human-powered vessel within the
1955 boundaries of the marked channel of the Florida Intracoastal
1956 Waterway as defined in s. 327.02:
1957 (a) When the marked channel is the only navigable portion
1958 of the waterway available due to vessel congestion or
1959 obstructions on the water. The operator of the human-powered
1960 vessel shall proceed with diligence to a location where he or
1961 she may safely operate the vessel outside the marked channel of
1962 the Florida Intracoastal Waterway.
1963 (b) When crossing the marked channel, provided that the
1964 crossing is done in the most direct, continuous, and expeditious
1965 manner possible and does not interfere with other vessel traffic
1966 in the channel.
1967 (c) When participating in practices or competitions for
1968 interscholastic, intercollegiate, intramural, or club rowing
1969 teams affiliated with an educational institution identified in
1970 s. 1000.21, s. 1002.01(3), s. 1003.01(17), s. 1005.02(4), or s.
1971 1005.03(1)(d), if the adjacent area outside of the marked
1972 channel is not suitable for such practice or competition. The
1973 teams must use their best efforts to make use of the adjacent
1974 area outside of the marked channel. The commission must be
1975 notified in writing of the details of any such competition, and
1976 the notification must include, but need not be limited to, the
1977 date, time, and location of the competition.
1978 (d) During an emergency endangering life or limb.
1979 Section 55. For the purpose of incorporating the amendment
1980 made by this act to section 327.02, Florida Statutes, in a
1981 reference thereto, paragraph (p) of subsection (2) of section
1982 379.2431, Florida Statutes, is reenacted to read:
1983 379.2431 Marine animals; regulation.—
1984 (2) PROTECTION OF MANATEES OR SEA COWS.—
1985 (p) Except in the marked navigation channel of the Florida
1986 Intracoastal Waterway as defined in s. 327.02 and the area
1987 within 100 feet of such channel, a local government may
1988 regulate, by ordinance, motorboat speed and operation on waters
1989 within its jurisdiction where the best available scientific
1990 information, as well as other available, relevant, and reliable
1991 information, which may include but is not limited to, manatee
1992 surveys, observations, available studies of food sources, and
1993 water depths, supports the conclusion that manatees inhabit
1994 these areas on a regular basis. However, such an ordinance may
1995 not take effect until it has been reviewed and approved by the
1996 commission. If the commission and a local government disagree on
1997 the provisions of an ordinance, a local manatee protection
1998 committee must be formed to review the technical data of the
1999 commission and the United States Fish and Wildlife Service, and
2000 to resolve conflicts regarding the ordinance. The manatee
2001 protection committee must be comprised of:
2002 1. A representative of the commission;
2003 2. A representative of the county;
2004 3. A representative of the United States Fish and Wildlife
2005 Service;
2006 4. A representative of a local marine-related business;
2007 5. A representative of the Save the Manatee Club;
2008 6. A local fisher;
2009 7. An affected property owner; and
2010 8. A representative of the Florida Marine Patrol.
2011
2012 If local and state regulations are established for the same
2013 area, the more restrictive regulation shall prevail.
2014 Section 56. This act shall take effect July 1, 2025.