Senate Bill 1946 (2021) — Anchoring limitation areas

SB 1946

Florida Bills

Florida Senate - 2021 SB 1946 By Senator Polsky 29-01494-21 20211946__ Page 1 of 8 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to anchoring limitation areas; 2 amending s. 327.4108, F.S.; authorizing counties to 3 establish anchoring limitation areas that meet certain 4 requirements; providing that specified established 5 anchoring limitation areas are exempt from specified 6 provisions; specifying size requirements for the 7 anchoring limitation areas; requiring the anchoring 8 limitation areas to be marked with signs and buoys 9 that meet certain requirements; prohibiting vessels 10 from anchoring in such areas for longer than a 11 specified time; defining the term “law enforcement or 12 code enforcement officer or agency”; requiring vessel 13 owners or operators to be allowed to provide specified 14 proof of compliance with certain provisions; providing 15 that vessels with repeat offenses within a specified 16 timeframe shall be declared public nuisances and 17 subject to certain provisions; providing that code 18 enforcement officers or agencies, in addition to law 19 enforcement officers or agencies, will be held 20 harmless for removal actions under certain 21 circumstances; requiring the Fish and Wildlife 22 Conservation Commission to initiate rulemaking by a 23 certain date; providing requirements for such 24 rulemaking; removing applicability provisions relating 25 to the commission’s recommendations; reenacting s. 26 327.73(1)(z), F.S., relating to noncriminal 27 infractions, to incorporate the amendment made to s. 28 327.4108, F.S., in a reference thereto; providing an 29

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 2 of 8 CODING: Words stricken are deletions; words underlined are additions. effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33

Section

Section 327.4108, Florida Statutes, is amended 34 to read: 35 327.4108 Anchoring of vessels in anchoring limitation 36 areas.— 37

(1) Notwithstanding s. 327.60(2)(f), a county may 38 establish, in accordance with this section, an anchoring 39 limitation area within The following densely populated urban 40 areas, which have narrow state waterways, residential docking 41 facilities, and significant recreational boating traffic. The 42 following areas previously designated as anchoring limitation 43 areas are grandfathered-in anchoring limitation areas for which 44 subsections (2), (3), (6), and (7) do not apply, are designated 45 as anchoring limitation areas: 46 (

a) The

section of Middle River lying between Northeast 47 21st Court and the Intracoastal Waterway in Broward County. 48 (

b) Sunset Lake in Miami-Dade County. 49 (

c) The sections of Biscayne Bay in Miami-Dade County lying 50 between: 51 1. Rivo Alto Island and Di Lido Island. 52 2. San Marino Island and San Marco Island. 53 3. San Marco Island and Biscayne Island. 54

(2) Each anchoring limitation area must: 55 (

a) Be less than 200 acres in size; 56 (

b) Comprise less than 10 percent of the county’s navigable 57 waterways; and 58

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 3 of 8 CODING: Words stricken are deletions; words underlined are additions. (

c) Be clearly marked with all of the following: 59 1. Signs that provide reasonable notice to boaters which 60 identify the duration of time beyond which anchoring is limited 61 and identify the county ordinance with its enacting date by 62 which the anchoring limitation area was created. Any ordinance 63 adopted pursuant to this

section may not take effect until 64 reviewed and approved as consistent with this

section by the 65 commission. 66 2. Buoys. The county that has created an anchoring 67 limitation area shall install and maintain buoys marking the 68 boundary of the anchoring limitation area. 69 (3)

(2) To promote the public’s use and enjoyment of the 70 designated waterway, Except as provided in subsections (4) (3) 71 and (5) (4), a person may not anchor a vessel for more than 30 72 consecutive days in any 6-month at any time during the period 73 between one-half hour after sunset and one-half hour before 74 sunrise in an anchoring limitation area. 75 (4)

(3) Notwithstanding the limitations described in 76 subsection (3) (2), a person may anchor a vessel in an anchoring 77 limitation area: 78 (

a) If the vessel suffers a mechanical failure that poses 79 an unreasonable risk of harm to the vessel or the persons 80 onboard unless the vessel anchors. The vessel may anchor for 3 81 business days or until the vessel is repaired, whichever occurs 82 first. 83 (

b) If imminent or existing weather conditions in the 84 vicinity of the vessel pose an unreasonable risk of harm to the 85 vessel or the persons onboard unless the vessel anchors. The 86 vessel may anchor until weather conditions no longer pose such 87

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 4 of 8 CODING: Words stricken are deletions; words underlined are additions. risk. During a hurricane or tropical storm, weather conditions 88 are deemed to no longer pose an unreasonable risk of harm when 89 the hurricane or tropical storm warning affecting the area has 90 expired. 91 (

c) During events described in s. 327.48 or other special 92 events, including, but not limited to, public music 93 performances, local government waterfront activities, or 94 fireworks displays. A vessel may anchor for the lesser of the 95 duration of the special event or 3 days. 96 (5)

(4) This

section does not apply to: 97 (

a) Vessels owned or operated by a governmental entity for 98 law enforcement, firefighting, military, or rescue purposes. 99 (

b) Construction or dredging vessels on an active job site. 100 (

c) Vessels actively engaged in commercial fishing. 101 (

d) Vessels engaged in recreational fishing if the persons 102 onboard are actively tending hook and line fishing gear or nets. 103 (6)(a)(5)(

a) As used in this subsection, the term “law 104 enforcement or code enforcement officer or agency” means the 105 Fish and Wildlife Conservation Commission, the county sheriff, 106 the United States Coast Guard, a county code compliance agency, 107 and authorized enforcement personnel of any of the foregoing an 108 officer or agency authorized to enforce this

section pursuant to 109 s. 327.70. 110 (

b) Upon an inquiry by a law enforcement or code 111 enforcement officer or agency, a vessel owner or operator shall 112 be given an opportunity to provide proof that the vessel has not 113 exceeded the limitations described in subsection (3). Such proof 114 may include any of the following: 115 1. Documentation showing that the vessel was in another 116

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 5 of 8 CODING: Words stricken are deletions; words underlined are additions. location at least 1 mile away within a period of less than 30 117 days before the inquiry. 118 2. Electronic evidence, including, but not limited to, 119 navigational devices or tracking devices that show the vessel 120 was in another location at least 1 mile away within a period of 121 less than 30 days before the inquiry. 122 (c)(

b) If a vessel owner or operator fails or refuses to 123 provide proof that the vessel has not exceeded the limitations 124 prescribed in subsection (3), the a law enforcement or code 125 enforcement officer or agency may remove a vessel from an 126 anchoring limitation area and impound the vessel for up to 48 127 hours, or cause such removal and impoundment, if the vessel 128 operator, after being issued a citation for a violation of this 129 section: 130 1. Anchors the vessel in violation of this

section within 131 12 hours after being issued the citation; or 132 2. Refuses to leave the anchoring limitation area after 133 being directed to do so by a law enforcement or code enforcement 134 officer or agency. 135 (

d) A vessel that is the subject of more than three 136 violations within 12 months which resulted in dispositions other 137 than acquittal or dismissal shall be declared to be a public 138 nuisance and subject to ss. 705.103 and 823.11. 139 (e)(

c) A law enforcement or code enforcement officer or 140 agency acting under this subsection to remove or impound a 141 vessel, or to cause such removal or impoundment, shall be held 142 harmless for any damage to the vessel resulting from such 143 removal or impoundment unless the damage results from gross 144 negligence or willful misconduct. 145

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 6 of 8 CODING: Words stricken are deletions; words underlined are additions. (f)(

d) A contractor performing removal or impoundment 146 services at the direction of a law enforcement or code 147 enforcement officer or agency pursuant to this subsection must: 148 1. Be licensed in accordance with United States Coast Guard 149 regulations, as applicable. 150 2. Obtain and carry a current policy issued by a licensed 151 insurance carrier in this state to insure against any accident, 152 loss, injury, property damage, or other casualty caused by or 153 resulting from the contractor’s actions. 154 3. Be properly equipped to perform such services. 155 (g)(

e) In addition to the civil penalty imposed under s. 156 327.73(1)(z), the operator of a vessel that is removed and 157 impounded pursuant to paragraph (c) (

b) must pay all removal and 158 storage fees before the vessel is released. A vessel removed 159 pursuant to paragraph (c) (

b) may not be impounded for longer 160 than 48 hours. 161

(7) The commission shall initiate rulemaking by July 1, 162 2021, to provide criteria and procedures for reviewing 163 applications and procedures for public notice and participation 164 pursuant to this subsection. The rulemaking must include, at a 165 minimum, all of the following: 166 (

a) Notice to the public. The Boating and Waterways

Section 167 of the Fish and Wildlife Conservation Commission shall provide 168 notice of completed applications received, public meetings or 169 hearings concerning applications, and denial or approval of 170 applications on the section’s web page and to all parties listed 171 in the Boating and Waterways Section’s public distribution list 172 for ordinances, which any member of the public may join. 173 (

b) An opportunity for public participation. Members of the 174

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 7 of 8 CODING: Words stricken are deletions; words underlined are additions. public may provide written comments, recommendations, requests, 175 inquiries, or other correspondence to the Boating and Waterways 176 Section. If a public hearing is requested or a review by the 177 agency head is requested, members of the public may testify at 178 the hearing or commission meeting and may submit relevant and 179 material exhibits to the record of the proceeding. 180 (8)

(6) A violation of this

section is punishable as 181 provided in s. 327.73(1)(z). 182

(7) This

section shall remain in effect notwithstanding the 183 Legislature’s adoption of the commission’s recommendations for 184 the regulation of mooring vessels outside of public mooring 185 fields pursuant to s. 327.4105. 186

Section 2. For the purpose of incorporating the amendment 187 made by this act to

section 327.4108, Florida Statutes, in a 188 reference thereto, paragraph (

z) of subsection (1) of

section 189 327.73, Florida Statutes, is reenacted to read: 190 327.73 Noncriminal infractions.— 191

(1) Violations of the following provisions of the vessel 192 laws of this state are noncriminal infractions: 193 (

z) Section 327.4108, relating to the anchoring of vessels 194 in anchoring limitation areas, for which the penalty is: 195 1. For a first offense, up to a maximum of $50. 196 2. For a second offense, up to a maximum of $100. 197 3. For a third or subsequent offense, up to a maximum of 198 $250. 199 200 Any person cited for a violation of any provision of this 201 subsection shall be deemed to be charged with a noncriminal 202 infraction, shall be cited for such an infraction, and shall be 203

Florida Senate - 2021 SB 1946 29-01494-21 20211946__ Page 8 of 8 CODING: Words stricken are deletions; words underlined are additions. cited to appear before the county court. The civil penalty for 204 any such infraction is $50, except as otherwise provided in this 205 section.

Any person who fails to appear or otherwise properly 206 respond to a uniform boating citation shall, in addition to the 207 charge relating to the violation of the boating laws of this 208 state, be charged with the offense of failing to respond to such 209 citation and, upon conviction, be guilty of a misdemeanor of the 210 second degree, punishable as provided in s. 775.082 or s. 211 775.083. A written warning to this effect shall be provided at 212 the time such uniform boating citation is issued. 213

Section 3. This act shall take effect upon becoming a law. 214

Document details

Collection	Florida Bills
Citation	SB 1946
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	35ba4c366bf27fd036843d81598266c3ad118431

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