Bill Text: FL S1788 | 2020 | Regular Session | Introduced

Florida Senate Bill 1788 (Prior Session Legislation)

Introduced

Bill Title: Boating-restricted Areas

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-14 - Died in Community Affairs [S1788 Detail]

Download: Florida-2020-S1788-Introduced.html

       Florida Senate - 2020                                    SB 1788
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01862-20                                           20201788__
    1                        A bill to be entitled                      
    2         An act relating to boating-restricted areas; amending
    3         s. 327.46, F.S.; authorizing municipalities and
    4         counties to establish certain boating-restricted areas
    5         by ordinance for areas within a specified distance of
    6         any shoreline; reenacting s. 327.41(2), F.S., relating
    7         to uniform waterway regulatory markers, to incorporate
    8         the amendment made to s. 327.46, F.S., in a reference
    9         thereto; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (b) of subsection (1) of section
   14  327.46, Florida Statutes, is amended to read:
   15         327.46 Boating-restricted areas.—
   16         (1) Boating-restricted areas, including, but not limited
   17  to, restrictions of vessel speeds and vessel traffic, may be
   18  established on the waters of this state for any purpose
   19  necessary to protect the safety of the public if such
   20  restrictions are necessary based on boating accidents,
   21  visibility, hazardous currents or water levels, vessel traffic
   22  congestion, or other navigational hazards or to protect
   23  seagrasses on privately owned submerged lands.
   24         (b) Municipalities and counties have the authority to
   25  establish the following boating-restricted areas by ordinance:
   26         1. An ordinance establishing an idle speed, no wake
   27  boating-restricted area, if the area is:
   28         a. Within 500 feet of any boat ramp, hoist, marine railway,
   29  or other launching or landing facility available for use by the
   30  general boating public on waterways more than 300 feet in width
   31  or within 300 feet of any boat ramp, hoist, marine railway, or
   32  other launching or landing facility available for use by the
   33  general boating public on waterways not exceeding 300 feet in
   34  width.
   35         b. Within 500 feet of fuel pumps or dispensers at any
   36  marine fueling facility that sells motor fuel to the general
   37  boating public on waterways more than 300 feet in width or
   38  within 300 feet of the fuel pumps or dispensers at any licensed
   39  terminal facility that sells motor fuel to the general boating
   40  public on waterways not exceeding 300 feet in width.
   41         c. Inside or within 300 feet of any lock structure.
   42         d. Within 200 feet of any shoreline.
   43         2. An ordinance establishing a slow speed, minimum wake
   44  boating-restricted area if the area is:
   45         a. Within 300 feet of any bridge fender system.
   46         b. Within 300 feet of any bridge span presenting a vertical
   47  clearance of less than 25 feet or a horizontal clearance of less
   48  than 100 feet.
   49         c. On a creek, stream, canal, or similar linear waterway if
   50  the waterway is less than 75 feet in width from shoreline to
   51  shoreline.
   52         d. On a lake or pond of less than 10 acres in total surface
   53  area.
   54         3. An ordinance establishing a vessel-exclusion zone if the
   55  area is:
   56         a. Designated as a public bathing beach or swim area.
   57         b. Within 300 feet of a dam, spillway, or flood control
   58  structure.
   59         Section 2. For the purpose of incorporating the amendment
   60  made by this act to section 327.46, Florida Statutes, in a
   61  reference thereto, subsection (2) of section 327.41, Florida
   62  Statutes, is reenacted to read:
   63         327.41 Uniform waterway regulatory markers.—
   64         (2) Any county or municipality which has been granted a
   65  boating-restricted area designation, by rule of the commission
   66  pursuant to s. 327.46(1)(a), for a portion of the Florida
   67  Intracoastal Waterway within its jurisdiction or which has
   68  adopted a boating-restricted area by ordinance pursuant to s.
   69  327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other
   70  governmental entity which has legally established a boating
   71  restricted area, may apply to the commission for permission to
   72  place regulatory markers within the boating-restricted area.
   73         Section 3. This act shall take effect July 1, 2020.