ENROLLED 2022 Legislature CS for CS for SB 1432 20221432er 1 2 An act relating to vessel anchoring; amending s. 3 253.0346, F.S.; providing tenancy and lease conditions 4 for approved and permitted mooring and mooring fields 5 in Monroe County; amending s. 327.4108, F.S.; 6 requiring certain anchored vessels in Monroe County to 7 be re-anchored in a new location that meets certain 8 requirements according to a specified timeframe; 9 requiring the Fish and Wildlife Conservation 10 Commission, in consultation with certain entities, to 11 establish designated anchoring areas within the county 12 by rule; providing requirements for the designated 13 anchoring areas; providing an exception for certain 14 domiciled vessels; removing provisions requiring the 15 county to approve a specified number of moorings at 16 specified locations; requiring certain vessels 17 equipped with marine sanitation devices to maintain 18 specified records of such devices; providing 19 construction; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Present subsection (4) of section 253.0346, 24 Florida Statutes, is redesignated as subsection (5), and a new 25 subsection (4) is added to that section, to read: 26 253.0346Lease of sovereignty submerged lands for marinas, 27 boatyards, mooring fields, and marine retailers. 28 (4)Notwithstanding any other law, all of the following 29 conditions apply for approved and permitted moorings or mooring 30 fields in Monroe County: 31 (a)The general tenancy on a mooring may exceed 12 months, 32 if requested, but may not exceed 10 years. 33 (b)A sovereign submerged land or other proprietary lease 34 may not prohibit a vessel from an approved and permitted mooring 35 or mooring field or limit the tenancy of a vessel because an 36 individual has established it as his or her domicile in 37 accordance with s. 222.17 or because the vessel is an 38 individuals primary residence. 39 Section 2.Subsection (3) of section 327.4108, Florida 40 Statutes, is amended to read: 41 327.4108Anchoring of vessels in anchoring limitation 42 areas. 43 (3)(a)Monroe County is designated as an anchoring 44 limitation area within which no less than once every a vessel on 45 waters of the state may only be anchored in the same location 46 for a maximum of 90 days each vessel anchored within Monroe 47 County on waters of this state within 10 linear nautical miles 48 of a public mooring field or a designated anchoring area must 49 pull anchor and be moved from its location using the vessels 50 propulsion system and be re-anchored in a new location. The new 51 location must be: 52 1.No less than one-half linear nautical mile from the 53 vessels starting location. A vessel may not be re-anchored 54 within one-half linear nautical mile from the vessels starting 55 location for at least 90 days; or 56 2.In a different designated anchoring area. A vessel may 57 not be re-anchored in its originating designated anchoring area 58 for at least 90 days after anchoring within a new designated 59 anchoring area. The commission shall adopt rules to implement 60 this subsection. 61 (b)The commission, in consultation with Monroe County and 62 the Florida Keys National Marine Sanctuary, shall establish by 63 rule designated anchoring areas throughout the county. The 64 designated anchoring areas must: 65 1.Specify a maximum vessel draft for each area; 66 2.Be created only in locations where the water depth is 67 sufficient to allow vessels whose drafts are less than the 68 areas specified maximum vessel draft to navigate into and out 69 of the areas without grounding or stranding; 70 3.Not be located over coral reefs or other sensitive fish 71 or wildlife habitat, to the maximum extent practicable, as 72 determined by the commission; 73 4.Not be located in an area subject to ongoing hazardous 74 water currents or tides or containing navigational hazards; and 75 5.Not be located within navigational channels, setbacks 76 established by the United States Army Corps of Engineers 77 associated with federal channels, areas where anchoring is 78 prohibited pursuant to s. 327.4109, or any other lawfully 79 established areas that prohibit anchoring. 80 (c)Paragraph (a) does The anchoring limitations in this 81 subsection do not apply to vessels moored to approved and 82 permitted moorings or mooring fields. 83 (d)(c)A vessel upon the waters of this state and within 84 Monroe County for which the owner or occupant has established 85 the vessel as a domicile in accordance with s. 222.17 is exempt 86 from paragraph (a) Notwithstanding the commission rules adopted 87 pursuant to this section, this section is not effective for 88 Monroe County until at least 100 the county approves, permits, 89 and opens new moorings are available for public use, including 90 at least 250 moorings within 1 mile of the Key West Bight City 91 Dock and at least 50 moorings within the Key West Garrison Bight 92 Mooring Field. Until such time, the commission shall designate 93 the area within 1 mile of the Key West Bight City Dock as a 94 priority for the investigation and removal of derelict vessels. 95 (e)All of the following vessels within Monroe County on 96 waters of this state which are equipped with a marine sanitation 97 device other than a marine composting toilet that processes and 98 manages human waste using technologies that comply with United 99 States Coast Guard requirements must maintain a record of the 100 date of each pumpout of the marine sanitation device and the 101 location of the pumpout station or waste reception facility for 102 1 year after the date of the pumpout, and the record must 103 indicate that the vessel was pumped out within the last 30 days: 104 1.A vessel that: 105 a.Has enclosed living spaces or rooms; and 106 b.Is used by a person as a dwelling or living space 107 overnight at any time, notwithstanding whether or not the vessel 108 is also used for navigation. 109 2.A vessel moored in a public mooring field. 110 (f)This subsection may not be construed to prohibit 111 anchoring for less than 90 days in areas within Monroe County. 112 Section 3.This act shall take effect July 1, 2022.