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 CS for SB 1946
       
       
        
       By the Committees on Rules; Community Affairs; and Environment
       and Natural Resources; and Senators Polsky and Bean
       
       
       
       
       595-04295-21                                          20211946c3
    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; defining the
    7         term “navigable-in-fact waterways”; specifying size
    8         requirements for the anchoring limitation areas;
    9         requiring the anchoring limitation areas to be marked
   10         with signs and buoys that meet certain requirements;
   11         prohibiting vessels from anchoring in such areas for
   12         longer than a specified time; requiring counties to
   13         provide notice to the Fish and Wildlife Conservation
   14         Commission within a specified timeframe before
   15         establishing an anchoring limitation area; requiring
   16         the commission to publish notice of the proposed
   17         ordinance on its website and distribute an e-mail
   18         notice; prohibiting Monroe County from establishing an
   19         anchoring limitation area until the county meets
   20         certain requirements; requiring the commission to
   21         designate a specified area as a priority for the
   22         investigation and removal of derelict vessels until
   23         certain conditions are met; requiring owners or
   24         operators in certain anchoring limitation areas to be
   25         allowed to provide specified proof of compliance with
   26         certain provisions; authorizing law enforcement
   27         officers or agencies to issue citations for violations
   28         under certain circumstances; providing that vessels
   29         with a specified number of repeat offenses within a
   30         specified timeframe shall be declared public nuisances
   31         and subject to certain provisions; removing
   32         applicability provisions relating to the commission’s
   33         recommendations; reenacting s. 327.73(1)(z), F.S.,
   34         relating to noncriminal infractions, to incorporate
   35         the amendment made to s. 327.4108, F.S., in a
   36         reference thereto; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 327.4108, Florida Statutes, is amended
   41  to read:
   42         327.4108 Anchoring of vessels in anchoring limitation
   43  areas.—
   44         (1)(a) The following densely populated urban areas, which
   45  have narrow state waterways, residential docking facilities, and
   46  significant recreational boating traffic, are designated as and
   47  shall be considered to be grandfathered-in anchoring limitation
   48  areas:
   49         1.(a) The section of Middle River lying between Northeast
   50  21st Court and the Intracoastal Waterway in Broward County.
   51         2.(b) Sunset Lake in Miami-Dade County.
   52         3.(c) The sections of Biscayne Bay in Miami-Dade County
   53  lying between:
   54         a.1. Rivo Alto Island and Di Lido Island.
   55         b.2. San Marino Island and San Marco Island.
   56         c.3. San Marco Island and Biscayne Island.
   57         (b)(2) To promote the public’s use and enjoyment of the
   58  designated waterway, except as provided in subsections (3) and
   59  (4), a person may not anchor a vessel at any time during the
   60  period between one-half hour after sunset and one-half hour
   61  before sunrise in an anchoring limitation area designated under
   62  this subsection.
   63         (2)(a) Notwithstanding s. 327.60(2)(f), a county may
   64  establish, in accordance with this subsection, an anchoring
   65  limitation area adjacent to urban areas that have residential
   66  docking facilities and significant recreational boating traffic.
   67  The aggregate total of anchoring limitation areas in a county
   68  may not exceed 10 percent of the county’s delineated navigable
   69  in-fact waterways. As used in this subsection, the term
   70  “navigable-in-fact waterways” means waterways that are navigable
   71  in their natural or unimproved condition over which useful
   72  commerce or public recreation of a substantial and permanent
   73  character is or may be conducted in the customary mode of trade
   74  and travel on water. The term does not include lakes or streams
   75  that are theoretically navigable; have a potential for
   76  navigability; or are temporary, precarious, and unprofitable,
   77  but the term does include lakes or streams that have practical
   78  usefulness to the public as highways for transportation. Each
   79  anchoring limitation area must meet all of the following
   80  requirements:
   81         1. Be less than 100 acres in size. For purposes of this
   82  subsection, the calculated size of the anchoring limitation area
   83  does not include any portion of the marked channel of the
   84  Florida Intracoastal Waterway contiguous to the anchoring
   85  limitation area;
   86         2. Not include any mooring field or marina; and
   87         3. Be clearly marked with all of the following:
   88         a. Signs that provide reasonable notice to boaters
   89  identifying the duration of time beyond which anchoring is
   90  limited and identifying the county ordinance by which the
   91  anchoring limitation area was created.
   92         b. Buoys. The county that has created an anchoring
   93  limitation area shall install and maintain buoys marking the
   94  boundary of the anchoring limitation area.
   95  
   96  The signs and buoys must be permitted and installed in
   97  accordance with ss. 327.40 and 327.41 and commission rule.
   98         (b) Except as provided in subsections (3) and (4), a person
   99  may not anchor a vessel for more than 45 consecutive days in any
  100  6-month period in an anchoring limitation area established
  101  pursuant to this subsection.
  102         (c) A county proposing establishment of an anchoring
  103  limitation area in accordance with this subsection shall provide
  104  notice to the commission 30 days before final adoption of an
  105  ordinance establishing such anchoring limitation area. The
  106  commission shall publish notice of the proposed ordinance on its
  107  website and distribute such notice through the commission’s
  108  Boating and Waterways Section e-mail distribution list for
  109  ordinances.
  110         (d) Monroe County may not establish an anchoring limitation
  111  area under this subsection until the county approves, permits,
  112  and opens new moorings for public use, including at least 250
  113  moorings within 1 mile of the Key West Bight City Dock and at
  114  least 50 moorings within the Key West Garrison Bight Mooring
  115  Field. Until such time, the commission shall designate the area
  116  within 1 mile of the Key West Bight City Dock as a priority for
  117  the investigation and removal of derelict vessels.
  118         (3) Notwithstanding subsections (1) and subsection (2), a
  119  person may anchor a vessel in an anchoring limitation area:
  120         (a) If the vessel suffers a mechanical failure that poses
  121  an unreasonable risk of harm to the vessel or the persons
  122  onboard unless the vessel anchors. The vessel may anchor for 3
  123  business days or until the vessel is repaired, whichever occurs
  124  first.
  125         (b) If imminent or existing weather conditions in the
  126  vicinity of the vessel pose an unreasonable risk of harm to the
  127  vessel or the persons onboard unless the vessel anchors. The
  128  vessel may anchor until weather conditions no longer pose such
  129  risk. During a hurricane or tropical storm, weather conditions
  130  are deemed to no longer pose an unreasonable risk of harm when
  131  the hurricane or tropical storm warning affecting the area has
  132  expired.
  133         (c) During events described in s. 327.48 or other special
  134  events, including, but not limited to, public music
  135  performances, local government waterfront activities, or
  136  fireworks displays. A vessel may anchor for the lesser of the
  137  duration of the special event or 3 days.
  138         (4) This section does not apply to:
  139         (a) Vessels owned or operated by a governmental entity for
  140  law enforcement, firefighting, military, or rescue purposes.
  141         (b) Construction or dredging vessels on an active job site.
  142         (c) Vessels actively engaged in commercial fishing.
  143         (d) Vessels engaged in recreational fishing if the persons
  144  onboard are actively tending hook and line fishing gear or nets.
  145         (5)(a) As used in this subsection, the term “law
  146  enforcement officer or agency” means an officer or agency
  147  authorized to enforce this section pursuant to s. 327.70.
  148         (b)1. For a vessel in an anchoring limitation area
  149  established pursuant to subsection (2), upon an inquiry by a law
  150  enforcement officer or agency, a vessel owner or operator must
  151  be given an opportunity to provide proof that the vessel has not
  152  exceeded the limitations described in subsection (2). Such proof
  153  may include any of the following:
  154         a. Documentation showing that the vessel was in another
  155  location at least 1 mile away within a period of less than 45
  156  days before the inquiry.
  157         b. Electronic evidence, including, but not limited to,
  158  navigational devices or tracking devices that show the vessel
  159  was in another location at least 1 mile away within a period of
  160  less than 45 days before the inquiry.
  161         2. If a vessel owner or operator fails or refuses to
  162  provide proof that the vessel has not exceeded the limitations
  163  described in subsection (2), the law enforcement officer or
  164  agency may issue a citation for a violation of this section.
  165         (c)(b) A law enforcement officer or agency may remove a
  166  vessel from an anchoring limitation area designated under
  167  subsection (1) or established pursuant to subsection (2) and
  168  impound the vessel for up to 48 hours, or cause such removal and
  169  impoundment, if the vessel operator, after being issued a
  170  citation for a violation of this section:
  171         1. Anchors the vessel in violation of this section within
  172  12 hours after being issued the citation; or
  173         2. Refuses to leave the anchoring limitation area after
  174  being directed to do so by a law enforcement officer or agency.
  175         (d) A vessel that is the subject of more than three
  176  violations within 12 months which result in dispositions other
  177  than acquittal or dismissal shall be declared to be a public
  178  nuisance and subject to s. 705.103, or for a derelict vessel,
  179  subject to s. 823.11.
  180         (e)(c) A law enforcement officer or agency acting under
  181  this subsection to remove or impound a vessel, or to cause such
  182  removal or impoundment, shall be held harmless for any damage to
  183  the vessel resulting from such removal or impoundment unless the
  184  damage results from gross negligence or willful misconduct.
  185         (f)(d) A contractor performing removal or impoundment
  186  services at the direction of a law enforcement officer or agency
  187  pursuant to this subsection must:
  188         1. Be licensed in accordance with United States Coast Guard
  189  regulations, as applicable.
  190         2. Obtain and carry a current policy issued by a licensed
  191  insurance carrier in this state to insure against any accident,
  192  loss, injury, property damage, or other casualty caused by or
  193  resulting from the contractor’s actions.
  194         3. Be properly equipped to perform such services.
  195         (g)(e) In addition to the civil penalty imposed under s.
  196  327.73(1)(z), the operator of a vessel that is removed and
  197  impounded pursuant to paragraph (c) (b) must pay all removal and
  198  storage fees before the vessel is released. A vessel removed
  199  pursuant to paragraph (c) (b) may not be impounded for longer
  200  than 48 hours.
  201         (6) A violation of this section is punishable as provided
  202  in s. 327.73(1)(z).
  203         (7) This section shall remain in effect notwithstanding the
  204  Legislature’s adoption of the commission’s recommendations for
  205  the regulation of mooring vessels outside of public mooring
  206  fields pursuant to s. 327.4105.
  207         Section 2. For the purpose of incorporating the amendment
  208  made by this act to section 327.4108, Florida Statutes, in a
  209  reference thereto, paragraph (z) of subsection (1) of section
  210  327.73, Florida Statutes, is reenacted to read:
  211         327.73 Noncriminal infractions.—
  212         (1) Violations of the following provisions of the vessel
  213  laws of this state are noncriminal infractions:
  214         (z) Section 327.4108, relating to the anchoring of vessels
  215  in anchoring limitation areas, for which the penalty is:
  216         1. For a first offense, up to a maximum of $50.
  217         2. For a second offense, up to a maximum of $100.
  218         3. For a third or subsequent offense, up to a maximum of
  219  $250.
  220  
  221  Any person cited for a violation of any provision of this
  222  subsection shall be deemed to be charged with a noncriminal
  223  infraction, shall be cited for such an infraction, and shall be
  224  cited to appear before the county court. The civil penalty for
  225  any such infraction is $50, except as otherwise provided in this
  226  section. Any person who fails to appear or otherwise properly
  227  respond to a uniform boating citation shall, in addition to the
  228  charge relating to the violation of the boating laws of this
  229  state, be charged with the offense of failing to respond to such
  230  citation and, upon conviction, be guilty of a misdemeanor of the
  231  second degree, punishable as provided in s. 775.082 or s.
  232  775.083. A written warning to this effect shall be provided at
  233  the time such uniform boating citation is issued.
  234         Section 3. This act shall take effect upon becoming a law.