THE BILL ITSELF
CS/HB 1173
Boating-restricted Areas
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A bill to be entitled
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An act relating to boating-restricted areas; amending
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s. 327.46, F.S.; authorizing municipalities and
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counties to adopt ordinances to extend boating-
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restricted areas under certain conditions; requiring
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the boundaries of such areas to be clearly marked with
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specified markers; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. 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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This act shall take effect July 1, 2026. Section 2.