THE BILL ITSELF
CS/CS/HB 1103
Local Administration of Vessel Restrictions
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An act relating to local administration of vessel
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restrictions; amending ss. 327.4107 and 327.4111,
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F.S.; authorizing counties and municipalities to adopt
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ordinances authorizing code enforcement officers to
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administer the enforcement of certain provisions
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relating to vessels at risk of becoming derelict and
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long-term anchoring permit requirements, respectively;
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providing that such ordinances may not take effect
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until reviewed and approved by the Fish and Wildlife
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Conservation Commission; requiring the commission to
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adopt rules; amending s. 327.4108, F.S.; revising an
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exemption from anchoring limitation area requirements
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for certain vessels; amending s. 327.46, F.S.;
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authorizing municipalities and counties to adopt
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ordinances to extend boating-restricted areas under
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certain conditions; requiring the boundaries of such
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areas to be clearly marked with specified markers;
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amending ss. 327.73 and 327.74, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (5) and (6) of section 327.4107,
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Florida Statutes, are renumbered as subsections (6) and (7),
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respectively, and a new subsection (5) is added to that section
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to read:
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327.4107 Vessels at risk of becoming derelict on waters of
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this state.—
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(5)(a) A county or municipality may authorize by ordinance
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a code enforcement officer as defined in s. 162.21(1) to
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administer this section relating to the identification, notice,
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corrective action, relocation, removal, storage, destruction, or
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disposal of public nuisance vessels and vessels at risk of
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becoming derelict. However, such ordinance may not take effect
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until it has been reviewed and approved by the commission. The
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commission shall adopt rules to implement this subsection.
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(b) Code enforcement officers authorized under this
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subsection may issue a noncriminal infraction, punishable as
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provided in s. 327.73, pursuant to the uniform boating citation
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system under s. 327.74 for violations as specified in subsection
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(2). Such citations are exempt from the requirements of s.
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162.21(3)(c) and (d).
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Section 2. Subsections (5) through (9) of section
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327.4111, Florida Statutes, are renumbered as subsections (6)
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through (10), respectively, and a new subsection (5) is added to
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that section to read:
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327.4111 Long-term anchoring.—
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(5)(a) A county or municipality may authorize by ordinance
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a code enforcement officer as defined in s. 162.21(1) to
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administer this section relating to the enforcement of long-term
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anchoring permit requirements within its jurisdiction. However,
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such ordinance may not take effect until it has been reviewed
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and approved by the commission. The commission shall adopt rules
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to implement this subsection.
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(b) Code enforcement officers authorized under this
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subsection may issue a noncriminal infraction, punishable as
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provided in s. 327.73, pursuant to the uniform boating citation
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system under s. 327.74 for violations specified in subsection
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(4). Such citations are exempt from the requirements of s.
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162.21(3)(c) and (d).
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Section 3. Paragraph (d) of subsection (3) of section
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327.4108, Florida Statutes, is amended to read:
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327.4108 Anchoring of vessels in anchoring limitation
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areas.—
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(3)
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(d) A vessel upon the waters of this state and within
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Monroe County for which the owner or occupant has established
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the vessel as a domicile in accordance with s. 222.17 is exempt
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from paragraph (a) until at least 60 100 new moorings are
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available for public use within 1 mile of the Key West Bight
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City Dock. Until such time, the commission shall designate the
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area within 1 mile of the Key West Bight City Dock as a priority
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for the investigation and removal of derelict vessels.
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Section 4. Paragraph (c) of subsection (1) of section
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327.46, Florida Statutes, is amended to read:
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327.46 Boating-restricted areas.—
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(1) Boating-restricted areas, including, but not limited
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to, restrictions of vessel speeds and vessel traffic, may be
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established on the waters of this state for any purpose
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necessary to protect the safety of the public if such
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restrictions are necessary based on boating accidents,
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visibility, hazardous currents or water levels, vessel traffic
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congestion, or other navigational hazards or to protect
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seagrasses on privately owned submerged lands.
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(c) Municipalities and counties may adopt have the
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authority to establish by ordinance the following ordinances for
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other boating-restricted areas:
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1. An ordinance regulating vessel speed and operation
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within 300 feet of a confluence of water bodies presenting a
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blind corner, up to a distance of 1,000 feet if such extended
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area is necessary to ensure safe navigation and visibility for
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approaching vessels. The boundaries of such areas must be
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clearly marked by uniform waterway regulatory markers consistent
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with commission rules.
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2.1. An ordinance establishing an idle speed, no wake
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boating-restricted area, if the area is within 300 feet of a
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confluence of water bodies presenting a blind corner, a bend in
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a narrow channel or fairway, or such other area if an
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intervening obstruction to visibility may obscure other vessels
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or other users of the waterway.
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3.2. An ordinance establishing a slow speed, minimum wake,
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or numerical speed limit boating-restricted area if the area is:
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a. Within 300 feet of a confluence of water bodies
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presenting a blind corner, a bend in a narrow channel or
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fairway, or such other area if an intervening obstruction to
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visibility may obscure other vessels or other users of the
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waterway.
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b. Subject to unsafe levels of vessel traffic congestion.
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c. Subject to hazardous water levels or currents, or
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containing other navigational hazards.
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d. An area that accident reports, uniform boating
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citations, vessel traffic studies, or other creditable data
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demonstrate to present a significant risk of collision or a
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significant threat to boating safety.
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4.3. An ordinance establishing a vessel-exclusion zone if
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the area is reserved exclusively:
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a. As a canoe trail or otherwise limited to vessels under
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oars or under sail.
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b. For a particular activity and user group separation
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must be imposed to protect the safety of those participating in
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such activity.
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Any of the ordinances adopted pursuant to this paragraph may
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shall not take effect until the commission has reviewed the
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ordinance and determined by substantial competent evidence that
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the ordinance is necessary to protect public safety pursuant to
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this paragraph. Any application for approval of an ordinance
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shall be reviewed and acted upon within 90 days after receipt of
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a completed application. Within 30 days after a municipality or
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county submits an application for approval to the commission,
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the commission shall advise the municipality or county as to
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what information, if any, is needed to deem the application
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complete. An application shall be considered complete upon
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receipt of all requested information and correction of any error
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or omission for which the applicant was timely notified or when
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the time for such notification has expired. The commission's
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action on the application shall be subject to review under
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chapter 120. The commission shall initiate rulemaking no later
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than January 1, 2010, to provide criteria and procedures for
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reviewing applications and procedures for providing for public
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notice and participation pursuant to this paragraph.
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Section 5. Paragraph (aa) of subsection (1) of section
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327.73, Florida Statutes, is amended to read:
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327.73 Noncriminal infractions.—
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(1) Violations of the following provisions of the vessel
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laws of this state are noncriminal infractions:
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(aa) Section 327.4107, relating to vessels at risk of
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becoming derelict on waters of this state, for which the civil
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penalty is:
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1. For a first offense, $100.
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2. For a second offense occurring 30 days or more after a
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first offense, $250.
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3. For a third or subsequent offense occurring 30 days or
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more after a previous offense, $500.
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A vessel that is the subject of three or more violations of s.
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327.4107(2) which occur within a 24-month period and which
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result in dispositions other than acquittal or dismissal must be
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declared a public nuisance and subject to ss. 705.103(2) and (4)
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and 823.11(3). For purposes of this paragraph, failure to appear
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at a hearing or failure to pay the civil penalty constitutes a
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disposition other than acquittal or dismissal unless such
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failure to appear or such nonpayment is excused or set aside by
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the court for good cause shown. The commission, an officer of
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the commission, or a law enforcement agency or officer specified
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in s. 327.70, or a code enforcement officer authorized under s.
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327.4107(5) or s. 327.4111(5) may relocate, remove, or cause to
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be relocated or removed such public nuisance vessels from waters
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of this state. The commission, an officer of the commission, or
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a law enforcement agency or officer acting pursuant to this
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paragraph upon waters of this state shall be held harmless for
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all damages to the vessel resulting from such relocation or
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removal unless the damage results from gross negligence or
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willful misconduct as these terms are defined in s. 823.11.
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A person cited for a violation of this subsection is deemed to
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be charged with a noncriminal infraction, must be cited for such
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an infraction, and must be cited to appear before the county
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court. The civil penalty for any such infraction is $100, except
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as otherwise provided in this section. A person who fails to
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appear or otherwise properly respond to a uniform boating
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citation, in addition to the charge relating to the violation of
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the boating laws of this state, must be charged with the offense
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of failing to respond to such citation and, upon conviction, be
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guilty of a misdemeanor of the second degree, punishable as
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provided in s. 775.082 or s. 775.083. A written warning to this
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effect must be provided at the time such uniform boating
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citation is issued.
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Section 6. Subsections (1), (3), and (4) of section
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327.74, Florida Statutes, are amended to read:
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327.74 Uniform boating citations.—
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(1) The commission shall prepare, and supply to every law
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enforcement agency and code enforcement officer authorized under
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s. 327.4107(5) or s. 327.4111(5) in this state that enforce
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which enforces the laws of this state regulating the operation
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of vessels, an appropriate form boating citation containing a
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notice to appear, (which must shall be issued in prenumbered
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books with citations in quintuplicate) and meet meeting the
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requirements of this chapter or any laws of this state
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regulating boating. The, which form must shall be consistent
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with the state's county court rules and the procedures
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established by the commission.
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(3) Every law enforcement officer and code enforcement
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officer authorized under s. 327.4107(5) or s. 327.4111(5), upon
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issuing a boating citation to an alleged violator of any
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provision of the boating laws of this state or any boating
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ordinance of any municipality, shall deposit the original and
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one copy of such boating citation with a court having
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jurisdiction over the alleged offense or with its traffic
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violations bureau within 5 days after issuance to the violator.
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(4) The chief administrative officer of every law
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enforcement agency and code enforcement office authorized under
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s. 327.4107(5) or s. 327.4111(5) shall require that the return
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to him or her of the commission record copy of every boating
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citation issued by an officer under his or her supervision to an
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alleged violator of any boating law or ordinance be returned to
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him or her, as well as and all copies of every boating citation
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that which has been spoiled or upon which any entry has been
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made and not issued to an alleged violator.
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Section 7. This act shall take effect July 1, 2026.