HB 1103 2023
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hb1103-00
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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 boating -restricted areas; amending 2
s. 327.46, F.S.; authorizing counties and 3
municipalities to establish within certain portions of 4
the Florida Intracoastal Waterway slow speed, minimum 5
wake boating-restricted areas within a specified 6
distance from private or public marina pumpouts; 7
reenacting s. 327.41(2), F.S., relating to uniform 8
waterway regulatory markers, to incorporate the 9
amendment made to s. 327.46, F.S., in a reference 10
thereto; providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (b) of subsection (1) of section 15
327.46, Florida Statutes, is amended to read: 16
327.46 Boating-restricted areas.— 17
(1) Boating-restricted areas, including, but not limited 18
to, restrictions of vessel speeds and vessel traffic, may be 19
established on the waters of this state for any purpose 20
necessary to protect the safety of the public if such 21
restrictions are necessary based on boating accidents, 22
visibility, hazardous currents or water levels, vessel traffic 23
congestion, or other navigational hazards or to protect 24
seagrasses on privately owned submerged lands. 25
HB 1103 2023
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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
(b) Municipalities and counties may establish the 26
following boating-restricted areas by ordinance, including, 27
notwithstanding the prohibition in s. 327.60(2)(c), within the 28
portion of the Florida Intracoastal Waterway within their 29
jurisdiction: 30
1. An ordinance establishing an idle spee d, no wake 31
boating-restricted area, if the area is: 32
a. Within 500 feet of any boat ramp, hoist, marine 33
railway, or other launching or landing facility available for 34
use by the general boating public on waterways more than 300 35
feet in width or within 300 feet of any boat ramp, hoist, marine 36
railway, or other launching or landing facility available for 37
use by the general boating public on waterways not exceeding 300 38
feet in width. 39
b. Within 500 feet of fuel pumps or dispensers at any 40
marine fueling facili ty that sells motor fuel to the general 41
boating public on waterways more than 300 feet in width or 42
within 300 feet of the fuel pumps or dispensers at any licensed 43
terminal facility that sells motor fuel to the general boating 44
public on waterways not exceed ing 300 feet in width. 45
c. Inside or within 300 feet of any lock structure. 46
2. An ordinance establishing a slow speed, minimum wake 47
boating-restricted area if the area is: 48
a. Within 300 feet of any bridge fender system. 49
b. Within 300 feet of any bri dge span presenting a 50
HB 1103 2023
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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
vertical clearance of less than 25 feet or a horizontal 51
clearance of less than 100 feet. 52
c. On a creek, stream, canal, or similar linear waterway 53
if the waterway is less than 75 feet in width from shoreline to 54
shoreline. 55
d. On a lake or pond of less than 10 acres in total 56
surface area. 57
e. Within the boundaries of a permitted public mooring 58
field and a buffer around the mooring field of up to 100 feet. 59
f. Within 500 feet of any private or public marina 60
pumpout. 61
3. An ordinance establishing a vessel -exclusion zone if 62
the area is: 63
a. Designated as a public bathing beach or swim area, 64
except that such areas may not be created on waters that include 65
any portion of the Florida Intracoastal Waterway or that are 66
within 100 feet of the marked channel of the Florida 67
Intracoastal Waterway. 68
b. Within 300 feet of a dam, spillway, or flood control 69
structure. 70
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Vessel exclusion zones created pursuant to this subparagraph 72
must be marked with uniform waterway markers permitted by the 73
commission in accordance with this chapter. Such zones may not 74
be marked by ropes. 75
HB 1103 2023
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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
Section 2. For the purpose of incorporating the amendment 76
made by this act to section 327.46, Florida Statutes, in a 77
reference thereto, subsection (2) of section 327.41, Flori da 78
Statutes, is reenacted to read: 79
327.41 Uniform waterway regulatory markers. — 80
(2) Any county or municipality which has been granted a 81
boating-restricted area designation, by rule of the commission 82
pursuant to s. 327.46(1)(a), for a portion of the Flo rida 83
Intracoastal Waterway within its jurisdiction or which has 84
adopted a boating-restricted area by ordinance pursuant to s. 85
327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other 86
governmental entity which has legally established a boating -87
restricted area, may apply to the commission for permission to 88
place regulatory markers within the boating -restricted area. 89
Section 3. This act shall take effect July 1, 2023. 90