Florida 2022 Regular Session

Florida House Bill H1065 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14		A bill to be entitled 1
15	15		An act relating to vessel anchoring; amending s. 2
16	16		253.0346, F.S.; providing tenancy and lease conditions 3
17	17		for approved and permitted mooring and mooring fields 4
18	18		in Monroe County; amending s. 327.4108, F.S.; 5
19	19		requiring certain anchored vessels in Monroe County to 6
20	20		be re-anchored in a new location that meets certain 7
21	21		requirements according to a specified timeframe; 8
22	22		requiring the Fish and Wildlife Conservation 9
23	23		Commission, in consultation with certain entities, to 10
24	24		establish designated anchoring areas within the county 11
25	25		by rule; providing requirements for the designated 12
26	26		anchoring areas; providing an exception for certain 13
27	27		domiciled vessels; removing provisions requiring the 14
28	28		county to approve a specified number of moorings at 15
29	29		specified locations; requiring certain vessels 16
30	30		equipped with marine sanitation devices to maintain 17
31		-	specified records of such devices; providing 18
32		-	~~construction; providing an~~ effective date. 19
	31	+	specified records of such devices; providing an 18
	32	+	effective date. 19
33	33		20
34	34		Be It Enacted by the Legislature of the State of Florida: 21
35	35		22
36	36		Section 1. Present subsection (4) of section 253.0346, 23
37	37		Florida Statutes, is redesignated as subsection (5), and a new 24
38	38		subsection (4) is added to that section, to read: 25
39	39
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47	47		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51		253.0346 Lease of sovereignty submerged lands for marinas, 26
52	52		boatyards, mooring fields, and marine retailers. — 27
53	53		(4) Notwithstanding any other law, all of the following 28
54	54		conditions apply for approved and permitted moorings or mooring 29
55	55		fields in Monroe County: 30
56	56		(a) The general tenancy on a mooring may exceed 12 months , 31
57	57		if requested, but may not exceed 10 years. 32
58	58		(b) A sovereign submerged land or other proprietary lease 33
59	59		may not prohibit a vessel from an approved and permitted mooring 34
60	60		or mooring field or limit the tenancy of a vessel because an 35
61	61		individual has establishe d it as his or her domicile in 36
62	62		accordance with s. 222.17 or because the vessel is an 37
63	63		individual's primary residence. 38
64	64		Section 2. Subsection (3) of section 327.4108, Florida 39
65	65		Statutes, is amended to read: 40
66	66		327.4108 Anchoring of vessels in anchoring limit ation 41
67	67		areas.— 42
68	68		(3)(a) Monroe County is designated as an anchoring 43
69	69		limitation area within which no less than once every a vessel on 44
70	70		waters of the state may only be anchored in the same location 45
71	71		for a maximum of 90 days each vessel anchored within Monroe 46
72		-	County on waters of this state within 10 ~~linear~~ nautical miles 47
73		-	~~of a~~ public mooring field or a designated anchoring area must 48
74		-	~~pull~~ anchor and be moved from its location using the vessel's 49
	72	+	County on waters of this state within 10 nautical miles of a 47
	73	+	public mooring field or a designated anchoring area must pull 48
	74	+	anchor and be moved from its location using the vessel's 49
75	75		propulsion system and be re -anchored in a new location. The new 50
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84	84		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88		location must be: 51
89	89		1. No less than one -half linear nautical mile from the 52
90	90		vessel's starting location. A vessel may not be re -anchored 53
91	91		within one-half linear nautical mile from the vessel's starting 54
92	92		location for at least 90 days; or 55
93	93		2. In a different designated anchor ing area. A vessel may 56
94	94		not be re-anchored in its originating designated anchoring area 57
95	95		for at least 90 days after anchoring within a new designated 58
96	96		anchoring area. The commission shall adopt rules to implement 59
97	97		this subsection. 60
98	98		(b) The commission, in cons ultation with Monroe County and 61
99	99		the Florida Keys National Marine Sanctuary, shall establish by 62
100	100		rule designated anchoring areas throughout the county. The 63
101	101		designated anchoring areas must: 64
102	102		1. Specify a maximum vessel draft for each area; 65
103	103		2. Be created only in locations where the water depth is 66
104	104		sufficient to allow vessels whose drafts are less than the 67
105	105		area's specified maximum vessel draft to navigate into and out 68
106	106		of the areas without grounding or stranding; 69
107	107		3. Not be located over coral reefs or other sensitive fish 70
108	108		or wildlife habitat, to the maximum extent practicable, as 71
109	109		determined by the commission; 72
110	110		4. Not be located in an area subject to ongoing hazardous 73
111	111		water currents or tides or containing navigational hazards; and 74
112	112		5. Not be located within navigational channels, setbacks 75
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121	121		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125		established by the United States Army Corps of Engineers 76
126	126		associated with federal channels, areas where anchoring is 77
127	127		prohibited pursuant to s. 327.4109, or any other lawfully 78
128	128		established areas that prohibit anch oring. 79
129	129		(c) Paragraph (a) does The anchoring limitations in this 80
130	130		subsection do not apply to vessels moored to approved and 81
131	131		permitted moorings or mooring fields. 82
132	132		(d)(c) A vessel upon the waters of this state and within 83
133		-	Monroe County, for which the owner or occupant has established 84
134		-	the vessel as a domicile in accordance with s. 222.17 , is exempt 85
	133	+	Monroe County for which the owner or occupant has established 84
	134	+	the vessel as a domicile in accordance with s. 222.17 is exempt 85
135	135		from paragraph (a) Notwithstanding the commission rules adopted 86
136	136		pursuant to this section, this section is not effective for 87
137	137		Monroe County until at least 100 the county approves, permits, 88
138	138		and opens new moorings are available for public use, including 89
139	139		at least 250 moorings within 1 mile of the Key West Bight City 90
140	140		Dock and at least 50 moorings within the Key West Garrison Bight 91
141	141		Mooring Field. Until such time, the commission shall designate 92
142	142		the area within 1 mile of the Key West Bight City Dock as a 93
143	143		priority for the investigation and removal of derelict vessels. 94
144	144		(e) All of the following vessels within Monroe County on 95
145	145		waters of this state which are equipped with a marine sanitation 96
146	146		device other than a marine composting toilet that processes and 97
147	147		manages human waste using technologies that comply with United 98
148	148		States Coast Guard requirements must maintain a record of the 99
149	149		date of each pumpout of the marine sanitation device and the 100
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162	162		location of the pumpout station or waste reception facility for 101
163		-	1 year after the date of the pumpout, and the record must 102
164		-	indicate that the vessel was pumped out within the last 30 days: 103
165		-	1. A vessel that: 104
166		-	a. Has enclosed living spaces or rooms; and 105
167		-	b. Is used by a person as a dwelling or living space 106
168		-	overnight at any time, notwithstanding whether or not the vessel 107
169		-	is also used for navigation. 108
170		-	2. A vessel moored in a public mooring field. 109
171		-	(f) This subsection does not pr ohibit anchoring for less 110
172		-	than 90 days in areas within Monroe County. 111
173		-	Section 3. This act shall take effect July 1, 2022. 112
	163	+	1 year after the date of the pumpout: 102
	164	+	1. A vessel that: 103
	165	+	a. Has enclosed living spaces or rooms; and 104
	166	+	b. Is used by a person as a dwelling or livin g space 105
	167	+	overnight at any time, notwithstanding whether or not the vessel 106
	168	+	is also used for navigation. 107
	169	+	2. A vessel moored in a public mooring field. 108
	170	+	Section 3. This act shall take effect July 1, 2022. 109