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 CS for SB 1946
       
       
        
       By the Committees on Community Affairs; and Environment and
       Natural Resources; and Senators Polsky and Bean
       
       
       
       
       578-03613-21                                          20211946c2
    1                        A bill to be entitled                      
    2         An act relating to anchoring limitation areas;
    3         amending s. 327.4108, F.S.; providing that certain
    4         areas are grandfathered-in anchoring limitation areas;
    5         authorizing counties to establish anchoring limitation
    6         areas that meet certain requirements; providing that
    7         specified established anchoring limitation areas are
    8         exempt from specified provisions; specifying size
    9         requirements for the anchoring limitation areas;
   10         requiring the anchoring limitation areas to be marked
   11         with signs and buoys that meet certain requirements;
   12         prohibiting vessels from anchoring in such areas for
   13         longer than a specified time; requiring vessel owners
   14         or operators in certain anchoring limitation areas to
   15         be allowed to provide specified proof of compliance
   16         with certain provisions; providing that vessels with
   17         repeat offenses within a specified timeframe shall be
   18         declared public nuisances and subject to certain
   19         provisions; requiring the Fish and Wildlife
   20         Conservation Commission to initiate rulemaking by a
   21         certain date; providing requirements for such
   22         rulemaking; removing applicability provisions relating
   23         to the commission’s recommendations; reenacting s.
   24         327.73(1)(z), F.S., relating to noncriminal
   25         infractions, to incorporate the amendment made to s.
   26         327.4108, F.S., in a reference thereto; providing an
   27         effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Section 327.4108, Florida Statutes, is amended
   32  to read:
   33         327.4108 Anchoring of vessels in anchoring limitation
   34  areas.—
   35         (1)(a) The following densely populated urban areas, which
   36  have narrow state waterways, residential docking facilities, and
   37  significant recreational boating traffic, are designated as and
   38  shall be considered to be grandfathered-in anchoring limitation
   39  areas:
   40         1.(a) The section of Middle River lying between Northeast
   41  21st Court and the Intracoastal Waterway in Broward County.
   42         2.(b) Sunset Lake in Miami-Dade County.
   43         3.(c) The sections of Biscayne Bay in Miami-Dade County
   44  lying between:
   45         a.1. Rivo Alto Island and Di Lido Island.
   46         b.2. San Marino Island and San Marco Island.
   47         c.3. San Marco Island and Biscayne Island.
   48         (b)(2) To promote the public’s use and enjoyment of the
   49  designated waterway, except as provided in subsections (3) and
   50  (4), a person may not anchor a vessel at any time during the
   51  period between one-half hour after sunset and one-half hour
   52  before sunrise in an anchoring limitation area designated under
   53  this subsection.
   54         (2)(a) Notwithstanding s. 327.60(2)(f), a county may
   55  establish, in accordance with this subsection, an anchoring
   56  limitation area within densely populated urban areas, which have
   57  narrow state waterways, residential docking facilities, and
   58  significant recreational boating traffic. The aggregate total of
   59  anchoring limitation areas in a county may not exceed 10 percent
   60  of the county’s navigable waterways. Each anchoring limitation
   61  area must meet all of the following requirements:
   62         1. Be less than 100 acres in size. For purposes of this
   63  subsection, the calculated size of the anchoring limitation area
   64  does not include any portion of the marked channel of the
   65  Florida Intracoastal Waterway contiguous to the anchoring
   66  limitation area;
   67         2. Not include any mooring fields; and
   68         3. Be clearly marked with all of the following:
   69         a. Signs that provide reasonable notice to boaters
   70  identifying the duration of time beyond which anchoring is
   71  limited and identifying the county ordinance with its enacting
   72  date by which the anchoring limitation area was created. Any
   73  ordinance adopted pursuant to this subsection may not take
   74  effect until reviewed and approved as consistent with this
   75  subsection by the commission.
   76         b. Buoys. The county that has created an anchoring
   77  limitation area shall install and maintain buoys marking the
   78  boundary of the anchoring limitation area.
   79         (b) Except as provided in subsections (3) and (4), a person
   80  may not anchor a vessel for more than 30 consecutive days in any
   81  6-month period in an anchoring limitation area established
   82  pursuant to this subsection.
   83         (3) Notwithstanding subsections (1) and subsection (2), a
   84  person may anchor a vessel in an anchoring limitation area:
   85         (a) If the vessel suffers a mechanical failure that poses
   86  an unreasonable risk of harm to the vessel or the persons
   87  onboard unless the vessel anchors. The vessel may anchor for 3
   88  business days or until the vessel is repaired, whichever occurs
   89  first.
   90         (b) If imminent or existing weather conditions in the
   91  vicinity of the vessel pose an unreasonable risk of harm to the
   92  vessel or the persons onboard unless the vessel anchors. The
   93  vessel may anchor until weather conditions no longer pose such
   94  risk. During a hurricane or tropical storm, weather conditions
   95  are deemed to no longer pose an unreasonable risk of harm when
   96  the hurricane or tropical storm warning affecting the area has
   97  expired.
   98         (c) During events described in s. 327.48 or other special
   99  events, including, but not limited to, public music
  100  performances, local government waterfront activities, or
  101  fireworks displays. A vessel may anchor for the lesser of the
  102  duration of the special event or 3 days.
  103         (4) This section does not apply to:
  104         (a) Vessels owned or operated by a governmental entity for
  105  law enforcement, firefighting, military, or rescue purposes.
  106         (b) Construction or dredging vessels on an active job site.
  107         (c) Vessels actively engaged in commercial fishing.
  108         (d) Vessels engaged in recreational fishing if the persons
  109  onboard are actively tending hook and line fishing gear or nets.
  110         (5)(a) As used in this subsection, the term “law
  111  enforcement officer or agency” means an officer or agency
  112  authorized to enforce this section pursuant to s. 327.70.
  113         (b)1. For a vessel in an anchoring limitation area
  114  established pursuant to subsection (2), upon an inquiry by a law
  115  enforcement officer or agency, a vessel owner or operator must
  116  be given an opportunity to provide proof that the vessel has not
  117  exceeded the limitations described in subsection (2). Such proof
  118  may include any of the following:
  119         a. Documentation showing that the vessel was in another
  120  location at least 1 mile away within a period of less than 30
  121  days before the inquiry.
  122         b. Electronic evidence, including, but not limited to,
  123  navigational devices or tracking devices that show the vessel
  124  was in another location at least 1 mile away within a period of
  125  less than 30 days before the inquiry.
  126         2. If a vessel owner or operator fails or refuses to
  127  provide proof that the vessel has not exceeded the limitations
  128  described in subsection (2), the law enforcement officer or
  129  agency may issue a citation for a violation of this section.
  130         (c)(b) A law enforcement officer or agency may remove a
  131  vessel from an anchoring limitation area designated under
  132  subsection (1) or established pursuant to subsection (2) and
  133  impound the vessel for up to 48 hours, or cause such removal and
  134  impoundment, if the vessel operator, after being issued a
  135  citation for a violation of this section:
  136         1. Anchors the vessel in violation of this section within
  137  12 hours after being issued the citation; or
  138         2. Refuses to leave the anchoring limitation area after
  139  being directed to do so by a law enforcement officer or agency.
  140         (d) A vessel that is the subject of more than three
  141  violations within 12 months which resulted in dispositions other
  142  than acquittal or dismissal shall be declared to be a public
  143  nuisance and subject to s. 705.103, and for a derelict vessel,
  144  subject to s. 823.11.
  145         (e)(c) A law enforcement officer or agency acting under
  146  this subsection to remove or impound a vessel, or to cause such
  147  removal or impoundment, shall be held harmless for any damage to
  148  the vessel resulting from such removal or impoundment unless the
  149  damage results from gross negligence or willful misconduct.
  150         (f)(d) A contractor performing removal or impoundment
  151  services at the direction of a law enforcement officer or agency
  152  pursuant to this subsection must:
  153         1. Be licensed in accordance with United States Coast Guard
  154  regulations, as applicable.
  155         2. Obtain and carry a current policy issued by a licensed
  156  insurance carrier in this state to insure against any accident,
  157  loss, injury, property damage, or other casualty caused by or
  158  resulting from the contractor’s actions.
  159         3. Be properly equipped to perform such services.
  160         (g)(e) In addition to the civil penalty imposed under s.
  161  327.73(1)(z), the operator of a vessel that is removed and
  162  impounded pursuant to paragraph (c)(b) must pay all removal and
  163  storage fees before the vessel is released. A vessel removed
  164  pursuant to paragraph (c)(b) may not be impounded for longer
  165  than 48 hours.
  166         (6) The commission shall initiate rulemaking by July 1,
  167  2021, to provide criteria and procedures for reviewing
  168  applications to establish an anchoring limitation area pursuant
  169  to subsection (2) and procedures for public notice and
  170  participation pursuant to this subsection. The rulemaking must
  171  include, at a minimum, all of the following:
  172         (a) Notice to the public. The Boating and Waterways Section
  173  of the Fish and Wildlife Conservation Commission shall provide
  174  notice of completed applications received, public meetings or
  175  hearings concerning applications, and denial or approval of
  176  applications on the section’s web page and to all parties listed
  177  in the Boating and Waterways Section’s public distribution list
  178  for ordinances, which any member of the public may join.
  179         (b) An opportunity for public participation. Members of the
  180  public may provide written comments, recommendations, requests,
  181  inquiries, or other correspondence to the Boating and Waterways
  182  Section. If a public hearing or a review by the agency head is
  183  requested, members of the public may testify at the hearing or
  184  commission meeting and may submit relevant and material exhibits
  185  to the record of the proceeding.
  186         (7)(6) A violation of this section is punishable as
  187  provided in s. 327.73(1)(z).
  188         (7) This section shall remain in effect notwithstanding the
  189  Legislature’s adoption of the commission’s recommendations for
  190  the regulation of mooring vessels outside of public mooring
  191  fields pursuant to s. 327.4105.
  192         Section 2. For the purpose of incorporating the amendment
  193  made by this act to section 327.4108, Florida Statutes, in a
  194  reference thereto, paragraph (z) of subsection (1) of section
  195  327.73, Florida Statutes, is reenacted to read:
  196         327.73 Noncriminal infractions.—
  197         (1) Violations of the following provisions of the vessel
  198  laws of this state are noncriminal infractions:
  199         (z) Section 327.4108, relating to the anchoring of vessels
  200  in anchoring limitation areas, for which the penalty is:
  201         1. For a first offense, up to a maximum of $50.
  202         2. For a second offense, up to a maximum of $100.
  203         3. For a third or subsequent offense, up to a maximum of
  204  $250.
  205  
  206  Any person cited for a violation of any provision of this
  207  subsection shall be deemed to be charged with a noncriminal
  208  infraction, shall be cited for such an infraction, and shall be
  209  cited to appear before the county court. The civil penalty for
  210  any such infraction is $50, except as otherwise provided in this
  211  section. Any person who fails to appear or otherwise properly
  212  respond to a uniform boating citation shall, in addition to the
  213  charge relating to the violation of the boating laws of this
  214  state, be charged with the offense of failing to respond to such
  215  citation and, upon conviction, be guilty of a misdemeanor of the
  216  second degree, punishable as provided in s. 775.082 or s.
  217  775.083. A written warning to this effect shall be provided at
  218  the time such uniform boating citation is issued.
  219         Section 3. This act shall take effect upon becoming a law.