Bill Amendment: FL S1946 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Anchoring Limitation Areas

Status: 2021-07-06 - Chapter No. 2021-192, companion bill(s) passed, see CS/CS/SB 1086 (Ch. 2021-184) [S1946 Detail]

Download: Florida-2021-S1946-Senate_Committee_Amendment_513168.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1946
       
       
       
       
       
       
                                Ì5131687Î513168                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Environment and Natural Resources (Polsky)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 327.4108, Florida Statutes, is amended
    6  to read:
    7         327.4108 Anchoring of vessels in anchoring limitation
    8  areas.—
    9         (1)(a) The following densely populated urban areas, which
   10  have narrow state waterways, residential docking facilities, and
   11  significant recreational boating traffic, are designated as
   12  anchoring limitation areas:
   13         1.(a) The section of Middle River lying between Northeast
   14  21st Court and the Intracoastal Waterway in Broward County.
   15         2.(b) Sunset Lake in Miami-Dade County.
   16         3.(c) The sections of Biscayne Bay in Miami-Dade County
   17  lying between:
   18         a.1. Rivo Alto Island and Di Lido Island.
   19         b.2. San Marino Island and San Marco Island.
   20         c.3. San Marco Island and Biscayne Island.
   21         (b)(2) To promote the public’s use and enjoyment of the
   22  designated waterway, except as provided in subsections (3) and
   23  (4), a person may not anchor a vessel at any time during the
   24  period between one-half hour after sunset and one-half hour
   25  before sunrise in an anchoring limitation area under this
   26  subsection.
   27         (2)(a) Notwithstanding s. 327.60(2)(f), a county may
   28  establish, in accordance with this subsection, an anchoring
   29  limitation area within densely populated urban areas, which have
   30  narrow state waterways, residential docking facilities, and
   31  significant recreational boating traffic. The aggregate total of
   32  anchoring limitation areas in a county may not exceed 10 percent
   33  of the county's navigable waterways. Each anchoring limitation
   34  area must meet all of the following requirements:
   35         1. Be less than 100 acres in size. For purposes of this
   36  subsection, the calculated size of the anchoring limitation area
   37  does not include any portion of the marked channel of the
   38  Florida Intracoastal Waterway contiguous to the anchoring
   39  limitation area;
   40         2. Not include any mooring fields; and
   41         3. Be clearly marked with all of the following:
   42         a. Signs that provide reasonable notice to boaters
   43  identifying the duration of time beyond which anchoring is
   44  limited and identifying the county ordinance with its enacting
   45  date by which the anchoring limitation area was created. Any
   46  ordinance adopted pursuant to this section may not take effect
   47  until reviewed and approved as consistent with this section by
   48  the commission.
   49         b. Buoys. The county that has created an anchoring
   50  limitation area shall install and maintain buoys marking the
   51  boundary of the anchoring limitation area.
   52         (b) Except as provided in subsections (3) and (4), a person
   53  may not anchor a vessel for more than 30 consecutive days in any
   54  6-month period in an anchoring limitation area under this
   55  subsection.
   56         (3) Notwithstanding subsections (1) and subsection (2), a
   57  person may anchor a vessel in an anchoring limitation area:
   58         (a) If the vessel suffers a mechanical failure that poses
   59  an unreasonable risk of harm to the vessel or the persons
   60  onboard unless the vessel anchors. The vessel may anchor for 3
   61  business days or until the vessel is repaired, whichever occurs
   62  first.
   63         (b) If imminent or existing weather conditions in the
   64  vicinity of the vessel pose an unreasonable risk of harm to the
   65  vessel or the persons onboard unless the vessel anchors. The
   66  vessel may anchor until weather conditions no longer pose such
   67  risk. During a hurricane or tropical storm, weather conditions
   68  are deemed to no longer pose an unreasonable risk of harm when
   69  the hurricane or tropical storm warning affecting the area has
   70  expired.
   71         (c) During events described in s. 327.48 or other special
   72  events, including, but not limited to, public music
   73  performances, local government waterfront activities, or
   74  fireworks displays. A vessel may anchor for the lesser of the
   75  duration of the special event or 3 days.
   76         (4) This section does not apply to:
   77         (a) Vessels owned or operated by a governmental entity for
   78  law enforcement, firefighting, military, or rescue purposes.
   79         (b) Construction or dredging vessels on an active job site.
   80         (c) Vessels actively engaged in commercial fishing.
   81         (d) Vessels engaged in recreational fishing if the persons
   82  onboard are actively tending hook and line fishing gear or nets.
   83         (5)(a) As used in this subsection, the term “law
   84  enforcement officer or agency” means an officer or agency
   85  authorized to enforce this section pursuant to s. 327.70.
   86         (b)1. For a vessel in an anchoring limitation area under
   87  subsection (2), upon an inquiry by a law enforcement officer or
   88  agency, a vessel owner or operator must be given an opportunity
   89  to provide proof that the vessel has not exceeded the
   90  limitations described in subsection (2). Such proof may include
   91  any of the following:
   92         a. Documentation showing that the vessel was in another
   93  location at least 1 mile away within a period of less than 30
   94  days before the inquiry.
   95         b. Electronic evidence, including, but not limited to,
   96  navigational devices or tracking devices that show the vessel
   97  was in another location at least 1 mile away within a period of
   98  less than 30 days before the inquiry.
   99         2. If a vessel owner or operator fails or refuses to
  100  provide proof that the vessel has not exceeded the limitations
  101  described in subsection (2), the law enforcement officer or
  102  agency may issue a citation for a violation of this section.
  103         (c)(b) A law enforcement officer or agency may remove a
  104  vessel from an anchoring limitation area under subsection (1) or
  105  (2) and impound the vessel for up to 48 hours, or cause such
  106  removal and impoundment, if the vessel operator, after being
  107  issued a citation for a violation of this section:
  108         1. Anchors the vessel in violation of this section within
  109  12 hours after being issued the citation; or
  110         2. Refuses to leave the anchoring limitation area after
  111  being directed to do so by a law enforcement officer or agency.
  112         (d) A vessel that is the subject of more than three
  113  violations within 12 months which resulted in dispositions other
  114  than acquittal or dismissal shall be declared to be a public
  115  nuisance and subject to ss. 705.103, and for a derelict vessel,
  116  subject to 823.11.
  117         (e)(c) A law enforcement officer or agency acting under
  118  this subsection to remove or impound a vessel, or to cause such
  119  removal or impoundment, shall be held harmless for any damage to
  120  the vessel resulting from such removal or impoundment unless the
  121  damage results from gross negligence or willful misconduct.
  122         (f)(d) A contractor performing removal or impoundment
  123  services at the direction of a law enforcement officer or agency
  124  pursuant to this subsection must:
  125         1. Be licensed in accordance with United States Coast Guard
  126  regulations, as applicable.
  127         2. Obtain and carry a current policy issued by a licensed
  128  insurance carrier in this state to insure against any accident,
  129  loss, injury, property damage, or other casualty caused by or
  130  resulting from the contractor’s actions.
  131         3. Be properly equipped to perform such services.
  132         (g)(e) In addition to the civil penalty imposed under s.
  133  327.73(1)(z), the operator of a vessel that is removed and
  134  impounded pursuant to paragraph (c)(b) must pay all removal and
  135  storage fees before the vessel is released. A vessel removed
  136  pursuant to paragraph (c)(b) may not be impounded for longer
  137  than 48 hours.
  138         (6) The commission shall initiate rulemaking by July 1,
  139  2021, to provide criteria and procedures for reviewing
  140  applications to establish an anchoring limitation area under
  141  subsection (2) and procedures for public notice and
  142  participation pursuant to this subsection. The rulemaking must
  143  include, at a minimum, all of the following:
  144         (a) Notice to the public. The Boating and Waterways Section
  145  of the Fish and Wildlife Conservation Commission shall provide
  146  notice of completed applications received, public meetings or
  147  hearings concerning applications, and denial or approval of
  148  applications on the section’s web page and to all parties listed
  149  in the Boating and Waterways Section’s public distribution list
  150  for ordinances, which any member of the public may join.
  151         (b) An opportunity for public participation. Members of the
  152  public may provide written comments, recommendations, requests,
  153  inquiries, or other correspondence to the Boating and Waterways
  154  Section. If a public hearing or a review by the agency head is
  155  requested, members of the public may testify at the hearing or
  156  commission meeting and may submit relevant and material exhibits
  157  to the record of the proceeding.
  158         (7)(6) A violation of this section is punishable as
  159  provided in s. 327.73(1)(z).
  160         (7) This section shall remain in effect notwithstanding the
  161  Legislature’s adoption of the commission’s recommendations for
  162  the regulation of mooring vessels outside of public mooring
  163  fields pursuant to s. 327.4105.
  164         Section 2. For the purpose of incorporating the amendment
  165  made by this act to section 327.4108, Florida Statutes, in a
  166  reference thereto, paragraph (z) of subsection (1) of section
  167  327.73, Florida Statutes, is reenacted to read:
  168         327.73 Noncriminal infractions.—
  169         (1) Violations of the following provisions of the vessel
  170  laws of this state are noncriminal infractions:
  171         (z) Section 327.4108, relating to the anchoring of vessels
  172  in anchoring limitation areas, for which the penalty is:
  173         1. For a first offense, up to a maximum of $50.
  174         2. For a second offense, up to a maximum of $100.
  175         3. For a third or subsequent offense, up to a maximum of
  176  $250.
  177  
  178         Any person cited for a violation of any provision of this
  179  subsection shall be deemed to be charged with a noncriminal
  180  infraction, shall be cited for such an infraction, and shall be
  181  cited to appear before the county court. The civil penalty for
  182  any such infraction is $50, except as otherwise provided in this
  183  section. Any person who fails to appear or otherwise properly
  184  respond to a uniform boating citation shall, in addition to the
  185  charge relating to the violation of the boating laws of this
  186  state, be charged with the offense of failing to respond to such
  187  citation and, upon conviction, be guilty of a misdemeanor of the
  188  second degree, punishable as provided in s. 775.082 or s.
  189  775.083. A written warning to this effect shall be provided at
  190  the time such uniform boating citation is issued.
  191         Section 3. This act shall take effect upon becoming a law.
  192  
  193  
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete everything before the enacting clause
  198  and insert:
  199                        A bill to be entitled                      
  200         An act relating to anchoring limitation areas; amending s.
  201  327.4108, F.S.; authorizing counties to establish anchoring
  202  limitation areas that meet certain requirements; providing that
  203  specified established anchoring limitation areas are exempt from
  204  specified provisions; specifying size requirements for the
  205  anchoring limitation areas; requiring the anchoring limitation
  206  areas to be marked with signs and buoys that meet certain
  207  requirements; prohibiting vessels from anchoring in such areas
  208  for longer than a specified time; requiring vessel owners or
  209  operators in certain anchoring limitation areas to be allowed to
  210  provide specified proof of compliance with certain provisions;
  211  providing that vessels with repeat offenses within a specified
  212  timeframe shall be declared public nuisances and subject to
  213  certain provisions; requiring the Fish and Wildlife Conservation
  214  Commission to initiate rulemaking by a certain date; providing
  215  requirements for such rulemaking; removing applicability
  216  provisions relating to the commission’s recommendations;
  217  reenacting s. 327.73(1)(z), F.S., relating to noncriminal
  218  infractions, to incorporate the amendment made to s. 327.4108,
  219  F.S., in a reference thereto; providing an effective date.