CS/HB 1065 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1065-01-c1
Page 1 of 5
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
A bill to be entitled 1
An act relating to vessel anchoring; amending s. 2
253.0346, F.S.; providing tenancy and lease conditions 3
for approved and permitted mooring and mooring fields 4
in Monroe County; amending s. 327.4108, F.S.; 5
requiring certain anchored vessels in Monroe County to 6
be re-anchored in a new location that meets certain 7
requirements according to a specified timeframe; 8
requiring the Fish and Wildlife Conservation 9
Commission, in consultation with certain entities, to 10
establish designated anchoring areas within the county 11
by rule; providing requirements for the designated 12
anchoring areas; providing an exception for certain 13
domiciled vessels; removing provisions requiring the 14
county to approve a specified number of moorings at 15
specified locations; requiring certain vessels 16
equipped with marine sanitation devices to maintain 17
specified records of such devices; providing 18
construction; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Present subsection (4) of section 253.0346, 23
Florida Statutes, is redesignated as subsection (5), and a new 24
subsection (4) is added to that section, to read: 25
CS/HB 1065 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1065-01-c1
Page 2 of 5
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
253.0346 Lease of sovereignty submerge d lands for marinas, 26
boatyards, mooring fields, and marine retailers. — 27
(4) Notwithstanding any other law, all of the following 28
conditions apply for approved and permitted moorings or mooring 29
fields in Monroe County: 30
(a) The general tenancy on a mooring may exceed 12 months, 31
if requested, but may not exceed 10 years. 32
(b) A sovereign submerged land or other proprietary lease 33
may not prohibit a vessel from an approved and permitted mooring 34
or mooring field or limit the tenancy of a vessel because an 35
individual has established it as his or her domicile in 36
accordance with s. 222.17 or because the vessel is an 37
individual's primary residence. 38
Section 2. Subsection (3) of section 327.4108, Florida 39
Statutes, is amended to read: 40
327.4108 Anchoring of vesse ls in anchoring limitation 41
areas.— 42
(3)(a) Monroe County is designated as an anchoring 43
limitation area within which no less than once every a vessel on 44
waters of the state may only be anchored in the same location 45
for a maximum of 90 days each vessel anchored within Monroe 46
County on waters of this state within 10 linear nautical miles 47
of a public mooring field or a designated anchoring area must 48
pull anchor and be moved from its location using the vessel's 49
propulsion system and be re -anchored in a new loca tion. The new 50
CS/HB 1065 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1065-01-c1
Page 3 of 5
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
location must be: 51
1. No less than one -half linear nautical mile from the 52
vessel's starting location. A vessel may not be re -anchored 53
within one-half linear nautical mile from the vessel's starting 54
location for at least 90 days; or 55
2. In a different designated anchoring area. A vessel may 56
not be re-anchored in its originating designated anchoring area 57
for at least 90 days after anchoring within a new designated 58
anchoring area. The commission shall adopt rules to implement 59
this subsection. 60
(b) The commission, in consultation with Monroe County and 61
the Florida Keys National Marine Sanctuary, shall establish by 62
rule designated anchoring areas throughout the county. The 63
designated anchoring areas must: 64
1. Specify a maximum vessel draft for e ach area; 65
2. Be created only in locations where the water depth is 66
sufficient to allow vessels whose drafts are less than the 67
area's specified maximum vessel draft to navigate into and out 68
of the areas without grounding or stranding; 69
3. Not be located over coral reefs or other sensitive fish 70
or wildlife habitat, to the maximum extent practicable, as 71
determined by the commission; 72
4. Not be located in an area subject to ongoing hazardous 73
water currents or tides or containing navigational hazards; and 74
5. Not be located within navigational channels, setbacks 75
CS/HB 1065 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1065-01-c1
Page 4 of 5
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
established by the United States Army Corps of Engineers 76
associated with federal channels, areas where anchoring is 77
prohibited pursuant to s. 327.4109, or any other lawfully 78
established areas that pr ohibit anchoring. 79
(c) Paragraph (a) does The anchoring limitations in this 80
subsection do not apply to vessels moored to approved and 81
permitted moorings or mooring fields. 82
(d)(c) A vessel upon the waters of this state and within 83
Monroe County, for which the owner or occupant has established 84
the vessel as a domicile in accordance with s. 222.17 , is exempt 85
from paragraph (a) Notwithstanding the commission rules adopted 86
pursuant to this section, this section is not effective for 87
Monroe County until at least 100 the county approves, permits, 88
and opens new moorings are available for public use, including 89
at least 250 moorings within 1 mile of the Key West Bight City 90
Dock and at least 50 moorings within the Key West Garrison Bight 91
Mooring Field. Until such time, the commission shall designate 92
the area within 1 mile of the Key West Bight City Dock as a 93
priority for the investigation and removal of derelict vessels. 94
(e) All of the following vessels within Monroe County on 95
waters of this state which are equipped with a marine sanitation 96
device other than a marine composting toilet that processes and 97
manages human waste using technologies that comply with United 98
States Coast Guard requirements must maintain a record of the 99
date of each pumpout of the mari ne sanitation device and the 100
CS/HB 1065 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1065-01-c1
Page 5 of 5
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
location of the pumpout station or waste reception facility for 101
1 year after the date of the pumpout, and the record must 102
indicate that the vessel was pumped out within the last 30 days: 103
1. A vessel that: 104
a. Has enclosed living spaces or rooms; and 105
b. Is used by a person as a dwelling or living space 106
overnight at any time, notwithstanding whether or not the vessel 107
is also used for navigation. 108
2. A vessel moored in a public mooring field. 109
(f) This subsection does not pr ohibit anchoring for less 110
than 90 days in areas within Monroe County. 111
Section 3. This act shall take effect July 1, 2022. 112