Bill Text: FL S1946 | 2021 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Anchoring Limitation Areas

Spectrum: Bipartisan Bill

Status: (Passed) 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-Introduced.html

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       Florida Senate - 2021                                    SB 1946
       
       
        
       By Senator Polsky
       
       
       
       
       
       29-01494-21                                           20211946__
    1                        A bill to be entitled                      
    2         An act relating to anchoring limitation areas;
    3         amending s. 327.4108, F.S.; authorizing counties to
    4         establish anchoring limitation areas that meet certain
    5         requirements; providing that specified established
    6         anchoring limitation areas are exempt from specified
    7         provisions; specifying size requirements for the
    8         anchoring limitation areas; requiring the anchoring
    9         limitation areas to be marked with signs and buoys
   10         that meet certain requirements; prohibiting vessels
   11         from anchoring in such areas for longer than a
   12         specified time; defining the term “law enforcement or
   13         code enforcement officer or agency”; requiring vessel
   14         owners or operators to be allowed to provide specified
   15         proof of compliance with certain provisions; providing
   16         that vessels with repeat offenses within a specified
   17         timeframe shall be declared public nuisances and
   18         subject to certain provisions; providing that code
   19         enforcement officers or agencies, in addition to law
   20         enforcement officers or agencies, will be held
   21         harmless for removal actions under certain
   22         circumstances; requiring the Fish and Wildlife
   23         Conservation Commission to initiate rulemaking by a
   24         certain date; providing requirements for such
   25         rulemaking; removing applicability provisions relating
   26         to the commission’s recommendations; reenacting s.
   27         327.73(1)(z), F.S., relating to noncriminal
   28         infractions, to incorporate the amendment made to s.
   29         327.4108, F.S., in a reference thereto; providing an
   30         effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 327.4108, Florida Statutes, is amended
   35  to read:
   36         327.4108 Anchoring of vessels in anchoring limitation
   37  areas.—
   38         (1) Notwithstanding s. 327.60(2)(f), a county may
   39  establish, in accordance with this section, an anchoring
   40  limitation area within The following densely populated urban
   41  areas, which have narrow state waterways, residential docking
   42  facilities, and significant recreational boating traffic. The
   43  following areas previously designated as anchoring limitation
   44  areas are grandfathered-in anchoring limitation areas for which
   45  subsections (2), (3), (6), and (7) do not apply, are designated
   46  as anchoring limitation areas:
   47         (a) The section of Middle River lying between Northeast
   48  21st Court and the Intracoastal Waterway in Broward County.
   49         (b) Sunset Lake in Miami-Dade County.
   50         (c) The sections of Biscayne Bay in Miami-Dade County lying
   51  between:
   52         1. Rivo Alto Island and Di Lido Island.
   53         2. San Marino Island and San Marco Island.
   54         3. San Marco Island and Biscayne Island.
   55         (2) Each anchoring limitation area must:
   56         (a) Be less than 200 acres in size;
   57         (b) Comprise less than 10 percent of the county’s navigable
   58  waterways; and
   59         (c) Be clearly marked with all of the following:
   60         1. Signs that provide reasonable notice to boaters which
   61  identify the duration of time beyond which anchoring is limited
   62  and identify the county ordinance with its enacting date by
   63  which the anchoring limitation area was created. Any ordinance
   64  adopted pursuant to this section may not take effect until
   65  reviewed and approved as consistent with this section by the
   66  commission.
   67         2. Buoys. The county that has created an anchoring
   68  limitation area shall install and maintain buoys marking the
   69  boundary of the anchoring limitation area.
   70         (3)(2) To promote the public’s use and enjoyment of the
   71  designated waterway, Except as provided in subsections (4) (3)
   72  and (5) (4), a person may not anchor a vessel for more than 30
   73  consecutive days in any 6-month at any time during the period
   74  between one-half hour after sunset and one-half hour before
   75  sunrise in an anchoring limitation area.
   76         (4)(3) Notwithstanding the limitations described in
   77  subsection (3) (2), a person may anchor a vessel in an anchoring
   78  limitation area:
   79         (a) If the vessel suffers a mechanical failure that poses
   80  an unreasonable risk of harm to the vessel or the persons
   81  onboard unless the vessel anchors. The vessel may anchor for 3
   82  business days or until the vessel is repaired, whichever occurs
   83  first.
   84         (b) If imminent or existing weather conditions in the
   85  vicinity of the vessel pose an unreasonable risk of harm to the
   86  vessel or the persons onboard unless the vessel anchors. The
   87  vessel may anchor until weather conditions no longer pose such
   88  risk. During a hurricane or tropical storm, weather conditions
   89  are deemed to no longer pose an unreasonable risk of harm when
   90  the hurricane or tropical storm warning affecting the area has
   91  expired.
   92         (c) During events described in s. 327.48 or other special
   93  events, including, but not limited to, public music
   94  performances, local government waterfront activities, or
   95  fireworks displays. A vessel may anchor for the lesser of the
   96  duration of the special event or 3 days.
   97         (5)(4) This section does not apply to:
   98         (a) Vessels owned or operated by a governmental entity for
   99  law enforcement, firefighting, military, or rescue purposes.
  100         (b) Construction or dredging vessels on an active job site.
  101         (c) Vessels actively engaged in commercial fishing.
  102         (d) Vessels engaged in recreational fishing if the persons
  103  onboard are actively tending hook and line fishing gear or nets.
  104         (6)(a)(5)(a) As used in this subsection, the term “law
  105  enforcement or code enforcement officer or agency” means the
  106  Fish and Wildlife Conservation Commission, the county sheriff,
  107  the United States Coast Guard, a county code compliance agency,
  108  and authorized enforcement personnel of any of the foregoing an
  109  officer or agency authorized to enforce this section pursuant to
  110  s. 327.70.
  111         (b) Upon an inquiry by a law enforcement or code
  112  enforcement officer or agency, a vessel owner or operator shall
  113  be given an opportunity to provide proof that the vessel has not
  114  exceeded the limitations described in subsection (3). Such proof
  115  may include any of the following:
  116         1. Documentation showing that the vessel was in another
  117  location at least 1 mile away within a period of less than 30
  118  days before the inquiry.
  119         2. Electronic evidence, including, but not limited to,
  120  navigational devices or tracking devices that show the vessel
  121  was in another location at least 1 mile away within a period of
  122  less than 30 days before the inquiry.
  123         (c)(b) If a vessel owner or operator fails or refuses to
  124  provide proof that the vessel has not exceeded the limitations
  125  prescribed in subsection (3), the a law enforcement or code
  126  enforcement officer or agency may remove a vessel from an
  127  anchoring limitation area and impound the vessel for up to 48
  128  hours, or cause such removal and impoundment, if the vessel
  129  operator, after being issued a citation for a violation of this
  130  section:
  131         1. Anchors the vessel in violation of this section within
  132  12 hours after being issued the citation; or
  133         2. Refuses to leave the anchoring limitation area after
  134  being directed to do so by a law enforcement or code enforcement
  135  officer or agency.
  136         (d) A vessel that is the subject of more than three
  137  violations within 12 months which resulted in dispositions other
  138  than acquittal or dismissal shall be declared to be a public
  139  nuisance and subject to ss. 705.103 and 823.11.
  140         (e)(c) A law enforcement or code enforcement officer or
  141  agency acting under this subsection to remove or impound a
  142  vessel, or to cause such removal or impoundment, shall be held
  143  harmless for any damage to the vessel resulting from such
  144  removal or impoundment unless the damage results from gross
  145  negligence or willful misconduct.
  146         (f)(d) A contractor performing removal or impoundment
  147  services at the direction of a law enforcement or code
  148  enforcement officer or agency pursuant to this subsection must:
  149         1. Be licensed in accordance with United States Coast Guard
  150  regulations, as applicable.
  151         2. Obtain and carry a current policy issued by a licensed
  152  insurance carrier in this state to insure against any accident,
  153  loss, injury, property damage, or other casualty caused by or
  154  resulting from the contractor’s actions.
  155         3. Be properly equipped to perform such services.
  156         (g)(e) In addition to the civil penalty imposed under s.
  157  327.73(1)(z), the operator of a vessel that is removed and
  158  impounded pursuant to paragraph (c) (b) must pay all removal and
  159  storage fees before the vessel is released. A vessel removed
  160  pursuant to paragraph (c) (b) may not be impounded for longer
  161  than 48 hours.
  162         (7) The commission shall initiate rulemaking by July 1,
  163  2021, to provide criteria and procedures for reviewing
  164  applications and procedures for public notice and participation
  165  pursuant to this subsection. The rulemaking must include, at a
  166  minimum, all of the following:
  167         (a) Notice to the public. The Boating and Waterways Section
  168  of the Fish and Wildlife Conservation Commission shall provide
  169  notice of completed applications received, public meetings or
  170  hearings concerning applications, and denial or approval of
  171  applications on the section’s web page and to all parties listed
  172  in the Boating and Waterways Section’s public distribution list
  173  for ordinances, which any member of the public may join.
  174         (b) An opportunity for public participation. Members of the
  175  public may provide written comments, recommendations, requests,
  176  inquiries, or other correspondence to the Boating and Waterways
  177  Section. If a public hearing is requested or a review by the
  178  agency head is requested, members of the public may testify at
  179  the hearing or commission meeting and may submit relevant and
  180  material exhibits to the record of the proceeding.
  181         (8)(6) A violation of this section is punishable as
  182  provided in s. 327.73(1)(z).
  183         (7) This section shall remain in effect notwithstanding the
  184  Legislature’s adoption of the commission’s recommendations for
  185  the regulation of mooring vessels outside of public mooring
  186  fields pursuant to s. 327.4105.
  187         Section 2. For the purpose of incorporating the amendment
  188  made by this act to section 327.4108, Florida Statutes, in a
  189  reference thereto, paragraph (z) of subsection (1) of section
  190  327.73, Florida Statutes, is reenacted to read:
  191         327.73 Noncriminal infractions.—
  192         (1) Violations of the following provisions of the vessel
  193  laws of this state are noncriminal infractions:
  194         (z) Section 327.4108, relating to the anchoring of vessels
  195  in anchoring limitation areas, for which the penalty is:
  196         1. For a first offense, up to a maximum of $50.
  197         2. For a second offense, up to a maximum of $100.
  198         3. For a third or subsequent offense, up to a maximum of
  199  $250.
  200  
  201  Any person cited for a violation of any provision of this
  202  subsection shall be deemed to be charged with a noncriminal
  203  infraction, shall be cited for such an infraction, and shall be
  204  cited to appear before the county court. The civil penalty for
  205  any such infraction is $50, except as otherwise provided in this
  206  section. Any person who fails to appear or otherwise properly
  207  respond to a uniform boating citation shall, in addition to the
  208  charge relating to the violation of the boating laws of this
  209  state, be charged with the offense of failing to respond to such
  210  citation and, upon conviction, be guilty of a misdemeanor of the
  211  second degree, punishable as provided in s. 775.082 or s.
  212  775.083. A written warning to this effect shall be provided at
  213  the time such uniform boating citation is issued.
  214         Section 3. This act shall take effect upon becoming a law.