The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 1314
INTRODUCER: Senator Wright
SUBJECT: Boating-restricted Areas
DATE: March 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Pre-meeting
2. CA
3. RC
I. Summary:
SB 1314 allows local governments to establish by ordinance no wake boating-restricted areas
within 500 feet of any private or public marina pumpout.
II. Present Situation:
Boating-Restricted Areas
Boating-restricted areas, which may restrict the speed and operation of vessels, may be
established on the waters of the state for any purpose necessary to protect the safety of the
public, taking into account boating accidents, visibility, hazardous currents or water levels,
vessel traffic congestion, or other navigational hazards, as well as seagrass protection on
privately-owned submerged lands.
1
Local governments have the authority to establish certain boating-restricted areas by ordinance,
including within the portion of the Florida Intracoastal Waterway within their jurisdiction.
2
These areas include:
Idle-speed, no wake boating-restricted areas, if the area is:
o Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing
facility available for use by the general boating public on waterways not exceeding 300
feet in width;
o Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor
fuel to the general boating public on waterways more than 300 feet in width;
o Within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells
motor fuel to the general boating public on waterways not exceeding 300 feet in width; or
1
Section 327.46(1), F.S.
2
Section 327.46(1), F.S. Apart from this authorization, local governments are generally prohibited from regulating any vessel
upon the Florida Intracoastal Waterway. Section 327.60(2)(c), F.S.
REVISED: BILL: SB 1314 Page 2
o Inside or within 300 feet of any lock structure;
Slow speed, minimum wake boating-restricted areas if the area is:
o Within 300 feet of any bridge fender system;
o Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a
horizontal clearance of less than 100 feet;
o On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet
in width from shoreline or shoreline;
o On a lake or pond of less than 10 acres in total surface area; or
o Within the boundaries of a permitted public mooring field and a buffer around the
mooring field of up to 100 feet; and
Vessel-exclusion zones if the area is:
o Designated as a public bathing beach or swim area, except that such areas may not be
created on waters that include any portion of the Florida Intracoastal Waterway or that
are within 100 feet of the marked channel of the Florida Intracoastal Waterway; or
o Within 300 feet of a dam, spillway, or flood control structure.
3
Local governments also have the authority to establish by ordinance the following other boating-
restricted areas:
An idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence
of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such
other area if an intervening obstruction to visibility may obscure other vessels or other users
of the waterway;
A slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is:
o Within 300 feet of a confluence of waterbodies presenting a blind corner, a bend in a
narrow channel or fairway, or such other area if an intervening obstruction to visibility
may obscure other vessels or other users of the waterway;
o Subject to unsafe levels of vessel traffic congestion;
o Subject to hazardous water levels or currents, or containing other navigational hazards; or
o An area that accident reports, uniform boating citations, vessel traffic studies, or other
creditable data demonstrate to present a significant risk of collision or a significant threat
to boating safety; and
A vessel-exclusion zone if the area is reserved exclusively:
o As a canoe trail or otherwise limited to vessels under oars or under sail; or
o For a particular activity and user group separation must be imposed to protect the safety
of the participants.
4
Florida Intracoastal Waterway
The Florida Intracoastal Waterway consists of the following waterways: the Atlantic Intracoastal
Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and
canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key
West; the Okeechobee Waterway, Stuart to Fort Myers; the St. Johns River, Jacksonville to
Sanford; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal
Waterway, Carrabelle to Tampa Bay; Carrabelle to Anclote open bay section, using the Gulf of
3
Id.
4
Id. BILL: SB 1314 Page 3
Mexico; the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line west of Pensacola;
and the Apalachicola, Chattahoochee, and Flint rivers in Florida.
5
The map below shows the
Florida Intracoastal Waterway.
6
Marina Pumpout
Florida law prohibits the discharge of raw sewage from any vessel or any floating structure in
Florida waters.
7
An operator of any vessel which is plumbed so that a toilet may be flushed into
the water or so that a holding tank may be emptied into the water must take certain measures to
prevent direct discharge of sewage while the vessel is on waters of the state.
8
All waste from
5
Section 327.02(15), F.S.
6
Florida Department of Transportation, Florida Waterways System Plan, Figure 1-2 on p. 1-12 (2015), available at
https://www.fdot.gov/docs/default-source/seaport/pdfs/2015-Florida-Waterways-System-Plan_Final.pdf (last visited Mar. 15,
2023).
7
Section 327.53(4), F.S.
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Id. BILL: SB 1314 Page 4
Type III marine sanitation devices
9
must be disposed of in an approved sewage pump-out
facility.
10
A violation of the marine sanitation laws is a noncriminal infraction.
11
III. Effect of Proposed Changes:
Section 1 amends s. 327.46, F.S., adds areas within 500 feet of any private or public marina
pumpout to the list of idle speed, no wake boating-restricted areas that municipalities and
counties may establish by ordinance, including within the portion of the Florida Intracoastal
Waterway within their jurisdiction.
Section 2 reenacts s. 327.41(2), F.S., for the purpose of incorporating the amendment made by
this bill to the law governing boating restricted areas in a reference thereto.
Section 3 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
9
Type III marine sanitation devices are typically a holding tank where sewage is stored until it can be discharged shore-side
or at sea (beyond three miles from shore). U.S. Environmental Protection Agency, Marine Sanitation Devices (MSDs),
https://www.epa.gov/vessels-marinas-and-ports/marine-sanitation-devices-msds (last visited Mar. 15, 2023).
10
Section 327.53(4), F.S.
11
Section 327.53(6)(a), F.S. BILL: SB 1314 Page 5
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 327.46 of the Florida Statutes.
This bill reenacts section 327.41(2) of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.