Bill Amendment: FL S1082 | 2023 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Vessels

Status: 2023-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 847 (Ch. 2023-151) [S1082 Detail]

Download: Florida-2023-S1082-Senate_Committee_Amendment_265890.html

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       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1082
       
       
       
       
       
       
                                Ì265890?Î265890                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (DiCeglie) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 12
    4  insert:
    5         Section 1. Paragraph (b) of subsection (1) of section
    6  327.46, Florida Statutes, is amended to read:
    7         327.46 Boating-restricted areas.—
    8         (1) Boating-restricted areas, including, but not limited
    9  to, restrictions of vessel speeds and vessel traffic, may be
   10  established on the waters of this state for any purpose
   11  necessary to protect the safety of the public if such
   12  restrictions are necessary based on boating accidents,
   13  visibility, hazardous currents or water levels, vessel traffic
   14  congestion, or other navigational hazards or to protect
   15  seagrasses on privately owned submerged lands.
   16         (b) Municipalities and counties may establish the following
   17  boating-restricted areas by ordinance, including,
   18  notwithstanding the prohibition in s. 327.60(2)(c), within the
   19  portion of the Florida Intracoastal Waterway within their
   20  jurisdiction:
   21         1. An ordinance establishing an idle speed, no wake
   22  boating-restricted area, if the area is:
   23         a. Within 500 feet of any boat ramp, hoist, marine railway,
   24  or other launching or landing facility available for use by the
   25  general boating public on waterways more than 300 feet in width
   26  or within 300 feet of any boat ramp, hoist, marine railway, or
   27  other launching or landing facility available for use by the
   28  general boating public on waterways not exceeding 300 feet in
   29  width.
   30         b. Within 500 feet of fuel pumps or dispensers at any
   31  marine fueling facility that sells motor fuel to the general
   32  boating public on waterways more than 300 feet in width or
   33  within 300 feet of the fuel pumps or dispensers at any licensed
   34  terminal facility that sells motor fuel to the general boating
   35  public on waterways not exceeding 300 feet in width.
   36         c. Inside or within 300 feet of any lock structure.
   37         2. An ordinance establishing a slow speed, minimum wake
   38  boating-restricted area if the area is:
   39         a. Within 300 feet of any bridge fender system.
   40         b. Within 300 feet of any bridge span presenting a vertical
   41  clearance of less than 25 feet or a horizontal clearance of less
   42  than 100 feet.
   43         c. On a creek, stream, canal, or similar linear waterway if
   44  the waterway is less than 75 feet in width from shoreline to
   45  shoreline.
   46         d. On a lake or pond of less than 10 acres in total surface
   47  area.
   48         e. Within the boundaries of a permitted public mooring
   49  field and a buffer around the mooring field of up to 100 feet.
   50         f. Within 500 feet of a sewage pumpout facility at a public
   51  or private nonresidential marina on a waterway where the sewage
   52  pumpout facility is within 100 feet of the marked portion of the
   53  Florida Intracoastal Waterway.
   54         3. An ordinance establishing a vessel-exclusion zone if the
   55  area is:
   56         a. Designated as a public bathing beach or swim area,
   57  except that such areas may not be created on waters that include
   58  any portion of the Florida Intracoastal Waterway or that are
   59  within 100 feet of the marked channel of the Florida
   60  Intracoastal Waterway.
   61         b. Within 300 feet of a dam, spillway, or flood control
   62  structure.
   63  
   64  Vessel exclusion zones created pursuant to this subparagraph
   65  must be marked with uniform waterway markers permitted by the
   66  commission in accordance with this chapter. Such zones may not
   67  be marked by ropes.
   68         Section 2. For the purpose of incorporating the amendment
   69  made by this act to section 327.46, Florida Statutes, in a
   70  reference thereto, subsection (2) of section 327.41, Florida
   71  Statutes, is reenacted to read:
   72         327.41 Uniform waterway regulatory markers.—
   73         (2) Any county or municipality which has been granted a
   74  boating-restricted area designation, by rule of the commission
   75  pursuant to s. 327.46(1)(a), for a portion of the Florida
   76  Intracoastal Waterway within its jurisdiction or which has
   77  adopted a boating-restricted area by ordinance pursuant to s.
   78  327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other
   79  governmental entity which has legally established a boating
   80  restricted area, may apply to the commission for permission to
   81  place regulatory markers within the boating-restricted area.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete line 2
   86  and insert:
   87         An act relating to vessels; amending s. 327.46, F.S.;
   88         authorizing counties and municipalities to establish
   89         slow speed, minimum wake boating-restricted areas
   90         within a specified distance from certain sewage
   91         pumpout facilities at public or private nonresidential
   92         marinas within certain portions of the Florida
   93         Intracoastal Waterway; reenacting s. 327.41(2), F.S.,
   94         relating to uniform waterway regulatory markers, to
   95         incorporate the amendment made to s. 327.46, F.S., in
   96         a reference thereto; amending