FYI.
The 2019
Florida Statutes
Title XXIV
VESSELS
Chapter 327
VESSEL
SAFETY
327.4108 Anchoring of vessels in
anchoring limitation areas.—
(1) The following densely populated urban areas, which have narrow state waterways, residential
docking facilities, and significant recreational
boating traffic, are designated as
anchoring limitation areas:
(a) The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward County.
(b) Sunset Lake in Miami-Dade County.
(c) The sections of Biscayne Bay in Miami-Dade County lying between:
1. Rivo Alto Island and Di Lido Island.
2. San Marino Island and San Marco Island.
3. San Marco Island and Biscayne Island.
(2) To promote the public’s use and enjoyment of the designated waterway, except as provided in subsections (3) and (4), a person may not
anchor a vessel at any time during the period between one-half hour after sunset and one-half hour before sunrise in an anchoring limitation area.
(3) Notwithstanding subsection (2), a person may
anchor a vessel in an anchoring limitation area:
(a) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor for 3 business days or until the vessel is repaired, whichever occurs first.
(b) If imminent or existing
weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until
weather conditions no longer pose such risk. During a
hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the
hurricane or tropical storm warning affecting the area has expired.
(c) During
events described in s. 327.48 or other special
events, including, but not limited to, public
music performances, local
government waterfront activities, or fireworks displays. A vessel may anchor for the lesser of the duration of the special event or 3 days.
(4) This section does not apply to:
(a) Vessels owned or operated by a governmental entity for law enforcement, firefighting, military, or
rescue purposes.
(b) Construction or dredging vessels on an active job site.
(c) Vessels actively engaged in
commercial fishing.
(d) Vessels engaged in recreational
fishing if the persons onboard are actively tending hook and line fishing
gear or nets.
(5)(a) As used in this subsection, the term “law enforcement officer or agency” means an officer or agency authorized to enforce this section pursuant to s. 327.70.
(b) A law enforcement officer or agency may remove a vessel from an anchoring limitation area and impound the vessel for up to 48 hours, or cause such
removal and impoundment, if the vessel operator, after being issued a citation for a violation of this section:
1. Anchors the vessel in violation of this section within 12 hours after being issued the citation; or
2. Refuses to leave the anchoring limitation area after being directed to do so by a law enforcement officer or agency.
(c) A law enforcement officer or agency acting under this subsection to remove or impound a vessel, or to cause such
removal or impoundment, shall be held harmless for any damage to the vessel resulting from such removal or impoundment unless the damage results from gross negligence or willful misconduct.
(d) A contractor performing removal or impoundment services at the direction of a law enforcement officer or agency pursuant to this subsection must:
1. Be licensed in accordance with United States Coast Guard
regulations, as applicable.
2. Obtain and carry a
current policy issued by a licensed
insurance carrier in this state to insure against any
accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor’s actions.
3. Be properly equipped to perform such services.
(e) In addition to the civil penalty imposed under s. 327.73(1)(z), the operator of a vessel that is removed and impounded pursuant to paragraph (b) must pay all removal and
storage fees before the vessel is released. A vessel removed pursuant to paragraph (b) may not be impounded for longer than 48 hours.
(6) A violation of this section is punishable as provided in s. 327.73(1)(z).
(7) This section shall remain in effect notwithstanding the Legislature’s adoption of the commission’s recommendations for the regulation of
mooring vessels outside of public
mooring fields pursuant to 1s. 327.4105.
History.—s. 1, ch. 2016-96; s. 5, ch. 2017-163.
1Note.—Repealed by s. 11, ch. 2018-111.
327.4109 Anchoring or mooring prohibited; exceptions; penalties.—
(1)(a) The owner or operator of a vessel or floating structure may not anchor or moor such that the nearest approach of the anchored or moored vessel or floating structure is:
1. Within 150 feet of any marina,
boat ramp, boatyard, or other vessel launching or loading facility;
2. Within 300 feet of a superyacht
repair facility. For purposes of this subparagraph, the term “superyacht
repair facility” means a facility that services or
repairs a yacht with a
water line of 120 feet or more in length; or
3. Within 100 feet outward from the marked boundary of a public mooring field or a lesser distance if approved by the commission upon request of a local
government within which the mooring field is located. The commission may adopt rules to implement this subparagraph.
(b) This subsection does not apply to:
1. A vessel owned or operated by a governmental entity.
2. A construction or dredging vessel on an active job site.
3. A
commercial fishing vessel actively engaged in commercial fishing.
4. A vessel actively engaged in recreational fishing if the persons onboard are actively tending hook and line fishing
gear or nets.
(2) Notwithstanding subsection (1), an owner or operator of a vessel may anchor or moor within 150 feet of any marina, boat
ramp, boatyard, or other vessel launching or loading facility; within 300 feet of a superyacht repair facility; or within 100 feet outward from the marked boundary of a public mooring field if:
(a) The vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard such vessel. The owner or operator of the vessel may anchor or moor for 5 business days or until the vessel is repaired, whichever occurs first.
(b) Imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard such vessel. The owner or operator of the vessel may anchor or moor until weather conditions no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired.
(3) The owner or operator of a vessel or floating structure may not anchor or moor within the marked boundary of a public mooring field unless the owner or operator has a lawful right to do so by contractual agreement or other business arrangement.
(4) The owner or operator of a vessel or floating structure may not anchor, moor, tie, or otherwise affix or allow the vessel or floating structure to remain anchored, moored, tied, or otherwise affixed to an unpermitted, unauthorized, or otherwise unlawful object that is on or affixed to the bottom of the waters of this state. This subsection does not apply to a private mooring owned by the owner of privately owned submerged lands.
(5) A violation of this section is a noncriminal infraction, punishable as provided in s. 327.73(1)(bb).
(6)(a) As used in this subsection, and applied only for the purposes of the study required by this subsection and not for any other purposes, the term “long-term stored vessel” means a vessel on the waters of the state which is not under the supervision and control of a person capable of operating, maintaining, or moving it from one location to another and which has remained anchored or moored outside of a public mooring field for at least 30 days out of a 60-day period.
(b) The commission shall conduct, or
contract with a private vendor to conduct, for not longer than 2 years, a study of the impacts of long-term stored vessels on local communities and this state.
(c) The study shall:
1. Investigate whether, and to what extent, long-term stored vessels and vessels anchored or moored outside of public mooring fields for more than 30 days contribute to the number of derelict and abandoned vessels on the waters of the state.
2. Investigate the impacts of long-term stored vessels, vessels anchored or moored outside of public mooring fields for more than 30 days, and vessels moored within public mooring fields on the local and state economies; public
safety; public boat ramps, staging docks, and public
marinas; and the
environment during and after significant tropical storm and hurricane events.
3. Provide recommendations for appropriate management options for long-term stored vessels and vessels anchored or moored outside public mooring fields for more than 30 days to mitigate any identified negative impacts to local communities and this state.
(d) The commission shall submit a report of its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives within 6 months after the study is completed.
(e) This subsection is contingent upon appropriation by the Legislature.
(f) This subsection expires January 1, 2024.
History.—s. 6, ch. 2017-163; s. 2, ch. 2019-54.