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

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-Engrossed.html

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       CS for CS for CS for SB 1946                     First Engrossed
       
       
       
       
       
       
       
       
       20211946e1
       
    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 certain counties to establish anchoring
    6         limitation areas that meet certain requirements;
    7         defining the term “navigable-in-fact waterways”;
    8         specifying size requirements for the anchoring
    9         limitation areas; requiring the anchoring limitation
   10         areas to be marked with signs and buoys that meet
   11         certain requirements; prohibiting vessels from
   12         anchoring in such areas for longer than a specified
   13         time; requiring counties to provide notice to the Fish
   14         and Wildlife Conservation Commission within a
   15         specified timeframe before introducing an ordinance to
   16         establish an anchoring limitation area; requiring the
   17         commission to publish notice of the proposed ordinance
   18         on its website and distribute an e-mail notice;
   19         designating Monroe County as an anchoring limitation
   20         area; providing requirements for such area; requiring
   21         the commission to adopt rules; providing
   22         applicability; prohibiting Monroe County from
   23         establishing an anchoring limitation area until the
   24         county meets certain requirements; requiring the
   25         commission to designate a specified area as a priority
   26         for the investigation and removal of derelict vessels
   27         until certain conditions are met; requiring owners or
   28         operators in certain anchoring limitation areas to be
   29         allowed to provide specified proof of compliance with
   30         certain provisions; authorizing law enforcement
   31         officers or agencies to issue citations for violations
   32         under certain circumstances; providing that vessels
   33         with a specified number of repeat offenses within a
   34         specified timeframe shall be declared public nuisances
   35         and subject to certain provisions; removing
   36         applicability provisions relating to the commission’s
   37         recommendations; reenacting s. 327.73(1)(z), F.S.,
   38         relating to noncriminal infractions, to incorporate
   39         the amendment made to s. 327.4108, F.S., in a
   40         reference thereto; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 327.4108, Florida Statutes, is amended
   45  to read:
   46         327.4108 Anchoring of vessels in anchoring limitation
   47  areas.—
   48         (1)(a) The following densely populated urban areas, which
   49  have narrow state waterways, residential docking facilities, and
   50  significant recreational boating traffic, are designated as and
   51  shall be considered to be grandfathered-in anchoring limitation
   52  areas:
   53         1.(a) The section of Middle River lying between Northeast
   54  21st Court and the Intracoastal Waterway in Broward County.
   55         2.(b) Sunset Lake in Miami-Dade County.
   56         3.(c) The sections of Biscayne Bay in Miami-Dade County
   57  lying between:
   58         a.1. Rivo Alto Island and Di Lido Island.
   59         b.2. San Marino Island and San Marco Island.
   60         c.3. San Marco Island and Biscayne Island.
   61         (b)(2) To promote the public’s use and enjoyment of the
   62  designated waterway, except as provided in subsections (4) (3)
   63  and (5) (4), a person may not anchor a vessel at any time during
   64  the period between one-half hour after sunset and one-half hour
   65  before sunrise in an anchoring limitation area designated under
   66  this subsection.
   67         (2)(a) Notwithstanding s. 327.60(2)(f), a county, except
   68  for Monroe County, may establish, in accordance with this
   69  subsection, an anchoring limitation area adjacent to urban areas
   70  that have residential docking facilities and significant
   71  recreational boating traffic. The aggregate total of anchoring
   72  limitation areas in a county may not exceed 10 percent of the
   73  county’s delineated navigable-in-fact waterways. As used in this
   74  subsection, the term “navigable-in-fact waterways” means
   75  waterways that are navigable in their natural or unimproved
   76  condition over which useful commerce or public recreation of a
   77  substantial and permanent character is or may be conducted in
   78  the customary mode of trade and travel on water. The term does
   79  not include lakes or streams that are theoretically navigable;
   80  have a potential for navigability; or are temporary, precarious,
   81  and unprofitable, but the term does include lakes or streams
   82  that have practical usefulness to the public as highways for
   83  transportation. Each anchoring limitation area must meet all of
   84  the following requirements:
   85         1. Be less than 100 acres in size. For purposes of this
   86  subsection, the calculated size of the anchoring limitation area
   87  does not include any portion of the marked channel of the
   88  Florida Intracoastal Waterway contiguous to the anchoring
   89  limitation area;
   90         2. Not include any mooring field or marina; and
   91         3. Be clearly marked with all of the following:
   92         a. Signs that provide reasonable notice to boaters
   93  identifying the duration of time beyond which anchoring is
   94  limited and identifying the county ordinance by which the
   95  anchoring limitation area was created.
   96         b. Buoys. The county that has created an anchoring
   97  limitation area shall install and maintain buoys marking the
   98  boundary of the anchoring limitation area.
   99  
  100  The signs and buoys must be permitted and installed in
  101  accordance with ss. 327.40 and 327.41 and commission rule.
  102         (b) Except as provided in subsections (4) and (5), a person
  103  may not anchor a vessel for more than 45 consecutive days in any
  104  6-month period in an anchoring limitation area established
  105  pursuant to this subsection.
  106         (c) A county proposing establishment of an anchoring
  107  limitation area in accordance with this subsection shall provide
  108  notice to the commission at least 30 days before introducing an
  109  ordinance to establish the anchoring limitation area. The
  110  commission shall publish notice of the proposed ordinance on its
  111  website and distribute such notice through the commission’s
  112  Boating and Waterways Section e-mail distribution list for
  113  ordinances.
  114         (3)(a) Monroe County is designated as an anchoring
  115  limitation area within which a vessel on waters of the state may
  116  be anchored in the same location only for a maximum of 90 days.
  117  The commission shall adopt rules to implement this subsection.
  118         (b) The anchoring limitations in this subsection do not
  119  apply to approved and permitted moorings or mooring fields.
  120         (c) Notwithstanding the commission rules adopted pursuant
  121  to this subsection, this section is not effective for Monroe
  122  County until the county approves, permits, and opens new
  123  moorings for public use, including at least 250 moorings within
  124  1 mile of the Key West Bight City Dock and at least 50 moorings
  125  within the Key West Garrison Bight Mooring Field. Until such
  126  time, the commission shall designate the area within 1 mile of
  127  the Key West Bight City Dock as a priority for the investigation
  128  and removal of derelict vessels.
  129         (4)(3) Notwithstanding subsections (1), subsection (2), and
  130  (3), a person may anchor a vessel in an anchoring limitation
  131  area:
  132         (a) If the vessel suffers a mechanical failure that poses
  133  an unreasonable risk of harm to the vessel or the persons
  134  onboard unless the vessel anchors. The vessel may anchor for 3
  135  business days or until the vessel is repaired, whichever occurs
  136  first.
  137         (b) If imminent or existing weather conditions in the
  138  vicinity of the vessel pose an unreasonable risk of harm to the
  139  vessel or the persons onboard unless the vessel anchors. The
  140  vessel may anchor until weather conditions no longer pose such
  141  risk. During a hurricane or tropical storm, weather conditions
  142  are deemed to no longer pose an unreasonable risk of harm when
  143  the hurricane or tropical storm warning affecting the area has
  144  expired.
  145         (c) During events described in s. 327.48 or other special
  146  events, including, but not limited to, public music
  147  performances, local government waterfront activities, or
  148  fireworks displays. A vessel may anchor for the lesser of the
  149  duration of the special event or 3 days.
  150         (5)(4) This section does not apply to:
  151         (a) Vessels owned or operated by a governmental entity for
  152  law enforcement, firefighting, military, or rescue purposes.
  153         (b) Construction or dredging vessels on an active job site.
  154         (c) Vessels actively engaged in commercial fishing.
  155         (d) Vessels engaged in recreational fishing if the persons
  156  onboard are actively tending hook and line fishing gear or nets.
  157         (6)(a)(5)(a) As used in this subsection, the term “law
  158  enforcement officer or agency” means an officer or agency
  159  authorized to enforce this section pursuant to s. 327.70.
  160         (b)1. For a vessel in an anchoring limitation area
  161  established pursuant to subsection (2), upon an inquiry by a law
  162  enforcement officer or agency, a vessel owner or operator must
  163  be given an opportunity to provide proof that the vessel has not
  164  exceeded the limitations described in subsection (2). Such proof
  165  may include any of the following:
  166         a. Documentation showing that the vessel was in another
  167  location at least 1 mile away within a period of less than 45
  168  days before the inquiry.
  169         b. Electronic evidence, including, but not limited to,
  170  navigational devices or tracking devices that show the vessel
  171  was in another location at least 1 mile away within a period of
  172  less than 45 days before the inquiry.
  173         2. If a vessel owner or operator fails or refuses to
  174  provide proof that the vessel has not exceeded the limitations
  175  described in subsection (2), the law enforcement officer or
  176  agency may issue a citation for a violation of this section.
  177         (c)(b) A law enforcement officer or agency may remove a
  178  vessel from an anchoring limitation area and impound the vessel
  179  for up to 48 hours, or cause such removal and impoundment, if
  180  the vessel operator, after being issued a citation for a
  181  violation of this section:
  182         1. Anchors the vessel in violation of this section within
  183  12 hours after being issued the citation; or
  184         2. Refuses to leave the anchoring limitation area after
  185  being directed to do so by a law enforcement officer or agency.
  186         (d) A vessel that is the subject of more than three
  187  violations within 12 months which result in dispositions other
  188  than acquittal or dismissal shall be declared to be a public
  189  nuisance and subject to s. 705.103, or for a derelict vessel,
  190  subject to s. 823.11.
  191         (e)(c) A law enforcement officer or agency acting under
  192  this subsection to remove or impound a vessel, or to cause such
  193  removal or impoundment, shall be held harmless for any damage to
  194  the vessel resulting from such removal or impoundment unless the
  195  damage results from gross negligence or willful misconduct.
  196         (f)(d) A contractor performing removal or impoundment
  197  services at the direction of a law enforcement officer or agency
  198  pursuant to this subsection must:
  199         1. Be licensed in accordance with United States Coast Guard
  200  regulations, as applicable.
  201         2. Obtain and carry a current policy issued by a licensed
  202  insurance carrier in this state to insure against any accident,
  203  loss, injury, property damage, or other casualty caused by or
  204  resulting from the contractor’s actions.
  205         3. Be properly equipped to perform such services.
  206         (g)(e) In addition to the civil penalty imposed under s.
  207  327.73(1)(z), the operator of a vessel that is removed and
  208  impounded pursuant to paragraph (c) (b) must pay all removal and
  209  storage fees before the vessel is released. A vessel removed
  210  pursuant to paragraph (c) (b) may not be impounded for longer
  211  than 48 hours.
  212         (7)(6) A violation of this section is punishable as
  213  provided in s. 327.73(1)(z).
  214         (7) This section shall remain in effect notwithstanding the
  215  Legislature’s adoption of the commission’s recommendations for
  216  the regulation of mooring vessels outside of public mooring
  217  fields pursuant to s. 327.4105.
  218         Section 2. For the purpose of incorporating the amendment
  219  made by this act to section 327.4108, Florida Statutes, in a
  220  reference thereto, paragraph (z) of subsection (1) of section
  221  327.73, Florida Statutes, is reenacted to read:
  222         327.73 Noncriminal infractions.—
  223         (1) Violations of the following provisions of the vessel
  224  laws of this state are noncriminal infractions:
  225         (z) Section 327.4108, relating to the anchoring of vessels
  226  in anchoring limitation areas, for which the penalty is:
  227         1. For a first offense, up to a maximum of $50.
  228         2. For a second offense, up to a maximum of $100.
  229         3. For a third or subsequent offense, up to a maximum of
  230  $250.
  231  
  232  Any person cited for a violation of any provision of this
  233  subsection shall be deemed to be charged with a noncriminal
  234  infraction, shall be cited for such an infraction, and shall be
  235  cited to appear before the county court. The civil penalty for
  236  any such infraction is $50, except as otherwise provided in this
  237  section. Any person who fails to appear or otherwise properly
  238  respond to a uniform boating citation shall, in addition to the
  239  charge relating to the violation of the boating laws of this
  240  state, be charged with the offense of failing to respond to such
  241  citation and, upon conviction, be guilty of a misdemeanor of the
  242  second degree, punishable as provided in s. 775.082 or s.
  243  775.083. A written warning to this effect shall be provided at
  244  the time such uniform boating citation is issued.
  245         Section 3. This act shall take effect upon becoming a law.