This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1065.EAF
DATE: 2/4/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1065 Vessel Anchoring
SPONSOR(S): Mooney
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1432
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding
Subcommittee
Gawin Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Current law designates certain densely populated urban areas that have narrow state waterways, residential
docking facilities, and significant boating traffic as anchoring limitation areas. In an anchoring limitation area, a
person is prohibited from anchoring a vessel at any time during the period between one half-hour after sunset
and one half-hour before sunrise. The Division of Law Enforcement of the Fish and Wildlife Conservation
Commission (FWC) and its officers, county sheriffs and deputies, and municipal police officers typically enforce
anchoring limitation areas. In 2021, the Legislature designated Monroe County as an anchoring limitation area
where a vessel on waters of the state can only anchor in the same location for a maximum of 90 days. The
establishment of Monroe County as an anchoring limitation area does not take effect until Monroe County
approves, permits, and opens new moorings for public use, including 250 moorings within one mile of Key
West Bight City Dock and at least 50 moorings within the Key West Garrison Bight Mooring Field.
The bill specifies that approved and permitted moorings or mooring fields in Monroe County have a 10-year
limit on general tenancies and that a sovereign submerged land or other proprietary lease may not prohibit a
vessel from an approved and permitted mooring or mooring field or limit the tenancy of a vessel because it is
an established domicile or primary residence.
The bill clarifies requirements related to the designation of Monroe County as an anchoring limitation area.
Specifically, the bill requires each vessel anchored on state waters within 10 nautical miles of a public mooring
field or a designated anchoring area to pull anchor, move from its location using its propulsion system, and re-
anchor in a new location no less than once every 90 days.
The bill specifies that these requirements do not apply to vessels moored to approved and permitted moorings.
Additionally, until at least 100 new moorings are available for public use within one mile of Key West Bight City
Dock, these requirements do not apply to live-aboard vessels on state waters within Monroe County.
The bill requires certain vessels within Monroe County on state waters that are equipped with a marine
sanitation device to maintain a record of the date and location of each pump-out of the device, which must
occur every 30 days.
The bill may have an insignificant negative fiscal impact on the state.
FULL ANALYSIS STORAGE NAME: h1065.EAF PAGE: 2
DATE: 2/4/2022
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Anchoring or Mooring
Anchoring or mooring refers to a boater’s practice of seeking and using a safe harbor on the public
waterway system for an undefined duration. Anchoring is accomplished using an anchor carried on the
vessel, while mooring uses fixtures, known as
moorings, permanently affixed to the bottom of the water
body.
1
Anchorages are areas that boaters regularly use for anchoring or mooring, whether designated
or managed for that purpose or not. Mooring fields are areas designated and used for a system of
properly spaced moorings.
2
State Regulation of the Anchoring or Mooring of Vessels
The Legislature has delegated the responsibility of managing sovereign submerged lands to the
Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund
(Board).
3
Pursuant to this responsibility, the Board is authorized to adopt rules governing anchoring,
mooring, or otherwise attaching vessels, floating homes, or any other watercraft to the bottom of
sovereign submerged lands.
4
The Board has adopted rules regulating the construction of mooring and
docking structures on such lands,
5
but has not exercised its authority to adopt rules regulating
anchoring.
Florida law prohibits a person from anchoring a vessel, except in case of emergency, in a manner that
unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel.
6
Anchoring under bridges or in or adjacent to heavily traveled channels constitutes interference, if
unreasonable under the prevailing circumstances.
7
Interference with navigation is a noncriminal
infraction and punishable by a fine of $50.
8
With certain exceptions, 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:
Within 150 feet of any marina, boat ramp, boatyard, or 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 or a lesser distance
if approved by the local government within which the mooring field is located.
9
Additionally, 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.
10
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:
1
Ankersen, Hamann, & Flagg, Anchoring Away: Government Regulation and the Rights of Navigation in Florida, 2
(March 2011), available at
https://www.cityofmarcoisland.com/sites/default/files/fileattachments/administration/page/7491/anchoring_away_03_09_11_full_web
3.pdf (last visited Jan. 30, 2022).
2
Id.
3
Section 253.03(1), F.S.
4
Section 253.03(7), F.S.
5
See ch. 18-21, F.A.C.
6
Section 327.44(2), F.S.
7
Id.
8
Section 327.73(j), F.S.
9
Section 327.4109(1), F.S.
10
Section 327.4109(3), F.S. STORAGE NAME: h1065.EAF PAGE: 3
DATE: 2/4/2022
The vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or
the persons onboard the vessel. The owner or operator of the vessel may anchor or moor for
five business days or until the vessel is repaired, whichever occurs first.
Imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk
of harm to the vessel or the persons onboard the vessel. The owner or operator of the vessel
may anchor or moor until weather conditions no longer pose such risk.
11
A vessel or floating structure may not be anchored, moored, or affixed to an unpermitted, unauthorized,
or otherwise unlawful object that is on or affixed to the bottom of state waters. This does not apply to a
mooring owned by a private individual or entity who owns submerged lands.
12
Local Regulation of the Anchoring or Mooring of Vessels
Local governments are authorized by general permit to construct, operate, and maintain public mooring
fields, each for up to 100 vessels.
13
Mooring fields must be located in areas where navigational access
already exists between the mooring field and the nearest customarily used access channel or navigable
waters that the mooring field is designed to serve. Each mooring field must be associated with a land-
based support facility that provides amenities and conveniences, such as parking, bathrooms, showers,
and laundry facilities. Major boat repairs and maintenance, fueling activities other than from the land-
based support facility, and boat hull scraping and painting are not authorized within mooring fields.
14
Local governments are further authorized to enact and enforce ordinances that prohibit or restrict the
mooring or anchoring of floating structures
15
or live-aboard vessels
16
within their jurisdictions and
vessels that are within the marked boundaries of permitted mooring fields.
17
However, they are
prohibited from enacting, continuing in effect, or enforcing any ordinance or local regulation that
regulates the anchoring of vessels, other than live-aboard vessels, outside the marked boundaries of
permitted mooring fields.
18
Anchoring Limitation Areas
Current law designates certain densely populated urban areas that have narrow state waterways,
residential docking facilities, and significant recreational boating traffic as anchoring limitation areas.
19
The following areas are designated in statute as anchoring limitation areas:
The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway
in Broward County.
Sunset Lake in Miami-Dade County.
The sections of Biscayne Bay in Miami-Dade County lying between Rivo Alto Island and Di Lido
Island, San Marino Island and San Marco Island, and San Marco Island and Biscayne Island.
20
In an anchoring limitation area, a person is prohibited from anchoring a vessel at any time during the
period between one half-hour after sunset and one half-hour before sunrise.
21
However, a person may
anchor in an anchoring limitation area if:
11
Section 327.4109(2), F.S.
12
Section 327.4019(4), F.S.
13
Section 373.118, F.S.; r. 62-330.420(1), F.A.C.
14
Rule 62-330.420, F.A.C.
15
Section 327.02(14), F.S., defines “floating structure” as a floating entity, with or without accommodations built thereon, which is
not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a
structure or other improvement to real property. The term includes an entity used as a residence, place of business, or office with
public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or a mining
platform, dredge, dragline, or similar facility or entity represented as such.
16
Section 327.02(22), F.S., defines “live-aboard vessel” as a vessel used solely as a residence and not for navigation; a vessel
represented as a place of business or a professional or other commercial enterprise; or a vessel for which a declaration of domicile has
been filed. The definition expressly excludes commercial fishing boats.
17
Section 327.60(2)(f), F.S.
18
Section 327.60(3), F.S.
19
Section 327.4108, F.S.
20
Section 327.4108(1), F.S.
21
Section 327.4108(2), F.S. STORAGE NAME: h1065.EAF PAGE: 4
DATE: 2/4/2022
The vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or
the people onboard unless the vessel anchors;
Imminent or existing weather conditions in the vicinity pose an unreasonable risk of harm to the
vessel or the people onboard unless the vessel anchors; or
The vessel is attending a regatta, race, marine parade, tournament, exhibition,
22
or other special
event, including, but not limited to, public music performances, local government waterfront
activities, or a fireworks display.
23
The Division of Law Enforcement of the Fish and Wildlife Conservation Commission (FWC) and its
officers, county sheriffs and deputies, and municipal police officers typically enforce anchoring limitation
areas.
24
Such law enforcement officers are authorized to remove and impound a vessel that, after being
issued a citation for violation of the anchoring limitation area, anchors the vessel in the anchoring
limitation area within 12 hours after being issued the citation or refuses to leave the anchoring limitation
area after being directed to do so by law enforcement.
25
Anchoring limitation areas do not apply to vessels owned or operated by a governmental entity for law
enforcement, firefighting, military, or rescue purposes; construction or dredging vessels on an active job
site; vessels actively engaged in commercial fishing; or vessels engaged in recreational fishing if the
individuals on board are actively tending hook and line fishing gear or nets.
26
Monroe County Anchoring Limitation Area
In 2021, the Legislature authorized counties, except for Monroe County, to establish anchoring
limitation areas adjacent to urban areas that have residential docking facilities and significant
recreational boating traffic.
27
Monroe County was designated as an anchoring limitation area within
which a vessel on state waters can only anchor in the same location for a maximum of 90 days.
28
However, the establishment of Monroe County as an anchoring limitation area does not take effect until
the county approves, permits, and opens new moorings for public use, including at least 250 moorings
within one mile of the Key West Bight City Dock and at least 50 moorings within the Key West Garrison
Bight Mooring Field.
29
The Key West Bight City Dock, pictured below, is located on the Palm Avenue Causeway in Garrison
Bight.
22
Section 327.48, F.S.
23
Section 327.4108(3), F.S.
24
Section 327.70(1), F.S.
25
Section 327.4108(5)(b), F.S.
26
Section 327.4108(4), F.S.
27
Section 327.4108(2)(a), F.S.
28
Section 327.4108(3)(a), F.S.
29
Section 327.4108(3)(c), F.S. STORAGE NAME: h1065.EAF PAGE: 5
DATE: 2/4/2022
The Key West Garrison Bight Mooring Field, pictured below, is located between Fleming Key and
Sigsbee Park.
Marine Sanitation Devices
Vessels that are equipped with installed toilets and operating on United States navigable waters are
required to have U.S. Coast Guard certified marine sanitation devices on board.
30
A marine sanitation
device is equipment, other than a toilet, for installation on board a vessel that is designed to receive,
retain, treat, or discharge sewage, and any process to treat such sewage.
31
The U.S. Coast Guard
categorizes marine sanitation devices into Type I, Type II, and Type III devices. A Type I device is a
flow-through treatment device that commonly uses maceration and disinfection for the treatment of
sewage; Type II devices are flow-through treatment devices that may employ biological treatment and
disinfection; and Type III devices are typically a holding tank where sewage is stored until it can be
discharged shore-side or beyond three miles from shore.
32
30
33 U.S.C. 1322.
31
Section 327.02(27), F.S.
32
U.S. Environmental Protection Agency (EPA), Marine Sanitation Devices (MSDs), https://www.epa.gov/vessels-marinas-and-
ports/marine-sanitation-devices-msds (last visited Jan. 30, 2022). STORAGE NAME: h1065.EAF PAGE: 6
DATE: 2/4/2022
Raw sewage cannot be discharged from any vessel or any floating structure in Florida waters.
33
All
waste from Type III marine sanitation devices must be disposed of in an approved sewage pump-out
facility.
34
A violation of the marine sanitation laws is a noncriminal infraction.
35
No-Discharge Zones
A no-discharge zone is a designated body of water where it is unlawful to discharge treated or
untreated boat sewage.
36
Within the boundaries of a no-discharge zone, vessel operators are required
to retain their sewage discharges onboard for discharge beyond three miles from the Atlantic shore and
beyond nine miles from the Gulf shore or onshore at a pump-out facility. Currently, Florida has three
designated no-discharge zones within Destin Harbor,
37
the city of Key West waters,
38
and the state
waters within the Florida Keys National Marine Sanctuary.
39
Effect of the Bill
The bill specifies that, notwithstanding any other law, the following conditions apply for approved and
permitted moorings or mooring fields in Monroe County:
The general tenancy on a mooring may exceed 12 months, if requested, but may not exceed 10
years.
A sovereign submerged land or other proprietary lease may not prohibit a vessel from an
approved and permitted mooring or mooring field or limit the tenancy of a vessel because an
individual has established it as his or her domicile or because the vessel is an individual’s
primary residence.
The bill revises the requirements that apply to vessels in the Monroe County anchoring limitation area.
Specifically, the bill requires each vessel anchored within Monroe County on state waters within 10
nautical miles of a public mooring field or a designated anchoring area to pull anchor, move from its
location using its propulsion system, and re-anchor in a new location no less than once every 90 days.
The bill requires the new location to be:
No less than one-half linear nautical mile from the vessel’s starting location. A vessel may not
be re-anchored within one-half linear nautical mile from the vessel’s starting location for at least
90 days; or
In a different designated anchoring area. A vessel may not be re-anchored in its originating
designated anchoring area for at least 90 days after anchoring within a new designated
anchoring area.
The bill specifies that these requirements do not apply to vessels moored to approved and permitted
moorings.
Additionally, the bill revises the circumstances under which the requirements of the Monroe County
anchoring limitation area take effect. Specifically, the bill provides that such requirements do not apply
to live-aboard vessels until at least 100 new moorings are available for public use within one mile of
Key West Bight City Dock. The bill removes the requirement that at least 50 moorings must be
established within the Key West Garrison Bight Mooring Field.
33
Section 327.53(4)(a), F.S.
34
Section 327.53(4)(b), F.S.
35
Section 327.53(6)(a), F.S.
36
EPA, Vessel Sewage Discharges: No-Discharge Zones, https://www.epa.gov/vessels-marinas-and-ports/vessel-sewage-no-
discharge-zones (last visited Jan. 30, 2022).
37
Marine Sanitation Device Standard for Destin Harbor, 53 Fed. Reg. 1,678 (Jan. 21, 1988) available at
https://www.epa.gov/sites/default/files/2015-09/documents/53_fr_1678.pdf (last visited Jan. 30, 2022).
38
City of Key West No Discharge Zone Determination, 64 Fed. Reg. 46,390 (Aug. 25, 1999) available at
https://www.govinfo.gov/content/pkg/FR-1999-08-25/pdf/99-22044.pdf#page=1 (last visited Jan. 30, 2022).
39
Regulation to Establish a No Discharge Zone for State Waters within the Boundary of the Florida Keys National Marine Sanctuary,
67 FR 35735 (May 21, 2002) available at https://www.govinfo.gov/content/pkg/FR-2002-05-21/pdf/02-12283.pdf#page=1 (last
visited Jan. 30, 2022); The Florida Keys National Marine Sanctuary protects the 3,800 square miles of waters surrounding the Florida
Keys from Miami to the Tortugas. National Oceanic & Atmospheric Administration, About Florida Keys National Marine Sanctuary,
https://floridakeys.noaa.gov/about/welcome.html?s=about (last visited Jan. 30, 2022). STORAGE NAME: h1065.EAF PAGE: 7
DATE: 2/4/2022
The bill requires FWC, in consultation with Monroe County and the Florida Keys National Marine
Sanctuary, to establish by rule designated anchoring areas throughout the county. The designated
anchoring areas must:
Specify a maximum vessel draft for each area;
Be created only in locations where the water depth is sufficient to allow vessels whose drafts
are less than the area’s specified maximum vessel draft to navigate into and out of the areas
without grounding or stranding;
Not be located over coral reefs or other sensitive fish or wildlife habitat, to the maximum extent
practicable, as determined by FWC;
Not be located in an area subject to ongoing hazardous water currents or tides or containing
navigational hazards; and
Not be located within navigational channels, setbacks established by the U.S. Army Corps of
Engineers associated with federal channels, certain areas where anchoring is prohibited by
state law, or any other lawfully established areas that prohibit anchoring.
The bill provides that certain vessels within Monroe County on state waters that are equipped with a
marine sanitation device, other than a marine composting toilet, that processes and manages human
waste using technologies that comply with U.S. Coast Guard requirements must maintain a record of
the date and location of each pump-out of the device. Such pump-out must occur every 30 days, and
the record must be maintained for one year after the date of the pump-out. These requirements apply to
a vessel that:
Has enclosed living spaces or rooms and is used by a person as a dwelling or living space
overnight at any time; and
A vessel moored in a public mooring field.
B. SECTION DIRECTORY:
Section 1. Amends s. 253.0346, F.S., related to the lease of sovereignty submerged lands for
marinas, boatyards, and marine retailers.
Section 2. Amends s. 327.4108, F.S., related to anchoring limitation areas.
Section 3. Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate insignificant negative fiscal impact on FWC related to the costs
associated with the rulemaking requirements of the bill. These costs can likely be absorbed through
current resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
STORAGE NAME: h1065.EAF PAGE: 8
DATE: 2/4/2022
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
General and Special Laws
A general law operates universally throughout the state, uniformly on specific subjects throughout
the state, or uniformly within a permissible classification, or relates to a state function or entity.
40
Uniform operation of a general law does not require application throughout the state; instead there
must be a reasonable possibility that others in the future may meet the criteria of the classification.
41
A general law of local application is a form of general law that operates within only a portion of the
state due to a valid classification based on proper distinctions and differences.
42
Article III, Section
10 of the Florida Constitution does not place any burdens or requirements on the Legislature’s ability
to pass a general law of local application.
A special law is a law that operates on a specific category of people or subjects, and the
classification is impermissible or illegal.
43
A special law requires prior publication of a notice of intent
to seek passage, or it may become effective after approval by the affected voters in a referendum.
44
A local law is a form of special law that operates only in a specific geographic area or in a classified
territory when classification is impermissible or illegal.
45
The bill amends statutes relating to vessel anchoring and mooring and documentation of marine
sanitation device pump-out in Monroe County.
B. RULE-MAKING AUTHORITY:
The bill requires FWC, in consultation with Monroe County and the Florida Keys National Marine
Sanctuary, to establish by rule designated anchoring areas throughout the County.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUT E CHANGES
Not applicable.
40
State ex rel. Landis v. Harris, 163 So. 237, 240, 120 Fla. 555, 562-563 (Fla. 1934).
41
Fla. Dep’t of Bus. & Prof’l Regulation v. Gulfstream Park Racing Ass’n, Inc., 967 So. 2d 802, 808–09 (Fla. 2007).
42
City of Miami Beach v. Frankel, 363 So. 2d 555 (Fla. 1978)
43
License Acquisitions, LLC v. Debary Real Estate Holdings, LLC, 155 So. 3d 1137, 1142-1143 (Fla. 2015).
44
Art. III, s. 10, Fla. Const.
45
License Acquisitions, LLC, 155 So. 3d at 1142-1143.