Bill Text: FL S1946 | 2021 | Regular Session | Comm Sub

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-Comm_Sub.html

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       Florida Senate - 2021                             CS for SB 1946
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senators Polsky and Bean
       
       
       
       
       592-03179-21                                          20211946c1
    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; requiring vessel owners or operators
   13         in certain anchoring limitation areas to be allowed to
   14         provide specified proof of compliance with certain
   15         provisions; providing that vessels with repeat
   16         offenses within a specified timeframe shall be
   17         declared public nuisances and subject to certain
   18         provisions; requiring the Fish and Wildlife
   19         Conservation Commission to initiate rulemaking by a
   20         certain date; providing requirements for such
   21         rulemaking; removing applicability provisions relating
   22         to the commission’s recommendations; reenacting s.
   23         327.73(1)(z), F.S., relating to noncriminal
   24         infractions, to incorporate the amendment made to s.
   25         327.4108, F.S., in a reference thereto; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 327.4108, Florida Statutes, is amended
   31  to read:
   32         327.4108 Anchoring of vessels in anchoring limitation
   33  areas.—
   34         (1)(a) The following densely populated urban areas, which
   35  have narrow state waterways, residential docking facilities, and
   36  significant recreational boating traffic, are designated as
   37  anchoring limitation areas:
   38         1.(a) The section of Middle River lying between Northeast
   39  21st Court and the Intracoastal Waterway in Broward County.
   40         2.(b) Sunset Lake in Miami-Dade County.
   41         3.(c) The sections of Biscayne Bay in Miami-Dade County
   42  lying between:
   43         a.1. Rivo Alto Island and Di Lido Island.
   44         b.2. San Marino Island and San Marco Island.
   45         c.3. San Marco Island and Biscayne Island.
   46         (b)(2) To promote the public’s use and enjoyment of the
   47  designated waterway, except as provided in subsections (3) and
   48  (4), a person may not anchor a vessel at any time during the
   49  period between one-half hour after sunset and one-half hour
   50  before sunrise in an anchoring limitation area designated under
   51  this subsection.
   52         (2)(a) Notwithstanding s. 327.60(2)(f), a county may
   53  establish, in accordance with this subsection, an anchoring
   54  limitation area within densely populated urban areas, which have
   55  narrow state waterways, residential docking facilities, and
   56  significant recreational boating traffic. The aggregate total of
   57  anchoring limitation areas in a county may not exceed 10 percent
   58  of the county’s navigable waterways. Each anchoring limitation
   59  area must meet all of the following requirements:
   60         1. Be less than 100 acres in size. For purposes of this
   61  subsection, the calculated size of the anchoring limitation area
   62  does not include any portion of the marked channel of the
   63  Florida Intracoastal Waterway contiguous to the anchoring
   64  limitation area;
   65         2. Not include any mooring fields; and
   66         3. Be clearly marked with all of the following:
   67         a. Signs that provide reasonable notice to boaters
   68  identifying the duration of time beyond which anchoring is
   69  limited and identifying the county ordinance with its enacting
   70  date by which the anchoring limitation area was created. Any
   71  ordinance adopted pursuant to this subsection may not take
   72  effect until reviewed and approved as consistent with this
   73  subsection by the commission.
   74         b. Buoys. The county that has created an anchoring
   75  limitation area shall install and maintain buoys marking the
   76  boundary of the anchoring limitation area.
   77         (b) Except as provided in subsections (3) and (4), a person
   78  may not anchor a vessel for more than 30 consecutive days in any
   79  6-month period in an anchoring limitation area established
   80  pursuant to this subsection.
   81         (3) Notwithstanding subsections (1) and subsection (2), a
   82  person may anchor a vessel in an anchoring limitation area:
   83         (a) If the vessel suffers a mechanical failure that poses
   84  an unreasonable risk of harm to the vessel or the persons
   85  onboard unless the vessel anchors. The vessel may anchor for 3
   86  business days or until the vessel is repaired, whichever occurs
   87  first.
   88         (b) If imminent or existing weather conditions in the
   89  vicinity of the vessel pose an unreasonable risk of harm to the
   90  vessel or the persons onboard unless the vessel anchors. The
   91  vessel may anchor until weather conditions no longer pose such
   92  risk. During a hurricane or tropical storm, weather conditions
   93  are deemed to no longer pose an unreasonable risk of harm when
   94  the hurricane or tropical storm warning affecting the area has
   95  expired.
   96         (c) During events described in s. 327.48 or other special
   97  events, including, but not limited to, public music
   98  performances, local government waterfront activities, or
   99  fireworks displays. A vessel may anchor for the lesser of the
  100  duration of the special event or 3 days.
  101         (4) This section does not apply to:
  102         (a) Vessels owned or operated by a governmental entity for
  103  law enforcement, firefighting, military, or rescue purposes.
  104         (b) Construction or dredging vessels on an active job site.
  105         (c) Vessels actively engaged in commercial fishing.
  106         (d) Vessels engaged in recreational fishing if the persons
  107  onboard are actively tending hook and line fishing gear or nets.
  108         (5)(a) As used in this subsection, the term “law
  109  enforcement officer or agency” means an officer or agency
  110  authorized to enforce this section pursuant to s. 327.70.
  111         (b)1. For a vessel in an anchoring limitation area
  112  established pursuant to subsection (2), upon an inquiry by a law
  113  enforcement officer or agency, a vessel owner or operator must
  114  be given an opportunity to provide proof that the vessel has not
  115  exceeded the limitations described in subsection (2). Such proof
  116  may include any of the following:
  117         a. Documentation showing that the vessel was in another
  118  location at least 1 mile away within a period of less than 30
  119  days before the inquiry.
  120         b. Electronic evidence, including, but not limited to,
  121  navigational devices or tracking devices that show the vessel
  122  was in another location at least 1 mile away within a period of
  123  less than 30 days before the inquiry.
  124         2. If a vessel owner or operator fails or refuses to
  125  provide proof that the vessel has not exceeded the limitations
  126  described in subsection (2), the law enforcement officer or
  127  agency may issue a citation for a violation of this section.
  128         (c)(b) A law enforcement officer or agency may remove a
  129  vessel from an anchoring limitation area designated under
  130  subsection (1) or established pursuant to subsection (2) and
  131  impound the vessel for up to 48 hours, or cause such removal and
  132  impoundment, if the vessel operator, after being issued a
  133  citation for a violation of this section:
  134         1. Anchors the vessel in violation of this section within
  135  12 hours after being issued the citation; or
  136         2. Refuses to leave the anchoring limitation area after
  137  being directed to do so by a law enforcement officer or agency.
  138         (d) A vessel that is the subject of more than three
  139  violations within 12 months which resulted in dispositions other
  140  than acquittal or dismissal shall be declared to be a public
  141  nuisance and subject to s. 705.103, and for a derelict vessel,
  142  subject to s. 823.11.
  143         (e)(c) A law enforcement officer or agency acting under
  144  this subsection to remove or impound a vessel, or to cause such
  145  removal or impoundment, shall be held harmless for any damage to
  146  the vessel resulting from such removal or impoundment unless the
  147  damage results from gross negligence or willful misconduct.
  148         (f)(d) A contractor performing removal or impoundment
  149  services at the direction of a law enforcement officer or agency
  150  pursuant to this subsection must:
  151         1. Be licensed in accordance with United States Coast Guard
  152  regulations, as applicable.
  153         2. Obtain and carry a current policy issued by a licensed
  154  insurance carrier in this state to insure against any accident,
  155  loss, injury, property damage, or other casualty caused by or
  156  resulting from the contractor’s actions.
  157         3. Be properly equipped to perform such services.
  158         (g)(e) In addition to the civil penalty imposed under s.
  159  327.73(1)(z), the operator of a vessel that is removed and
  160  impounded pursuant to paragraph (c)(b) must pay all removal and
  161  storage fees before the vessel is released. A vessel removed
  162  pursuant to paragraph (c)(b) may not be impounded for longer
  163  than 48 hours.
  164         (6) The commission shall initiate rulemaking by July 1,
  165  2021, to provide criteria and procedures for reviewing
  166  applications to establish an anchoring limitation area pursuant
  167  to subsection (2) and procedures for public notice and
  168  participation pursuant to this subsection. The rulemaking must
  169  include, at a minimum, all of the following:
  170         (a) Notice to the public. The Boating and Waterways Section
  171  of the Fish and Wildlife Conservation Commission shall provide
  172  notice of completed applications received, public meetings or
  173  hearings concerning applications, and denial or approval of
  174  applications on the section’s web page and to all parties listed
  175  in the Boating and Waterways Section’s public distribution list
  176  for ordinances, which any member of the public may join.
  177         (b) An opportunity for public participation. Members of the
  178  public may provide written comments, recommendations, requests,
  179  inquiries, or other correspondence to the Boating and Waterways
  180  Section. If a public hearing or a review by the agency head is
  181  requested, members of the public may testify at the hearing or
  182  commission meeting and may submit relevant and material exhibits
  183  to the record of the proceeding.
  184         (7)(6) A violation of this section is punishable as
  185  provided in s. 327.73(1)(z).
  186         (7) This section shall remain in effect notwithstanding the
  187  Legislature’s adoption of the commission’s recommendations for
  188  the regulation of mooring vessels outside of public mooring
  189  fields pursuant to s. 327.4105.
  190         Section 2. For the purpose of incorporating the amendment
  191  made by this act to section 327.4108, Florida Statutes, in a
  192  reference thereto, paragraph (z) of subsection (1) of section
  193  327.73, Florida Statutes, is reenacted to read:
  194         327.73 Noncriminal infractions.—
  195         (1) Violations of the following provisions of the vessel
  196  laws of this state are noncriminal infractions:
  197         (z) Section 327.4108, relating to the anchoring of vessels
  198  in anchoring limitation areas, for which the penalty is:
  199         1. For a first offense, up to a maximum of $50.
  200         2. For a second offense, up to a maximum of $100.
  201         3. For a third or subsequent offense, up to a maximum of
  202  $250.
  203  
  204  Any person cited for a violation of any provision of this
  205  subsection shall be deemed to be charged with a noncriminal
  206  infraction, shall be cited for such an infraction, and shall be
  207  cited to appear before the county court. The civil penalty for
  208  any such infraction is $50, except as otherwise provided in this
  209  section. Any person who fails to appear or otherwise properly
  210  respond to a uniform boating citation shall, in addition to the
  211  charge relating to the violation of the boating laws of this
  212  state, be charged with the offense of failing to respond to such
  213  citation and, upon conviction, be guilty of a misdemeanor of the
  214  second degree, punishable as provided in s. 775.082 or s.
  215  775.083. A written warning to this effect shall be provided at
  216  the time such uniform boating citation is issued.
  217         Section 3. This act shall take effect upon becoming a law.