Florida 2024 2024 Regular Session

Florida House Bill H0437 Comm Sub / Bill

Filed 01/16/2024

                       
 
CS/CS/HB 437  	2024 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0437-02-c2 
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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 anchoring limitation areas; 2 
amending s. 327.4108, F.S.; revising anchoring 3 
limitation areas in certain sections of Biscayne Bay 4 
in Miami-Dade County; revising documentation and 5 
evidence criteria for proving the location of a vessel 6 
within an anchoring limitation area; providing an 7 
effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (c) of subs ection (1) and paragraph 12 
(b) of subsection (6) of section 327.4108, Florida Statutes, are 13 
amended to read: 14 
 327.4108  Anchoring of vessels in anchoring limitation 15 
areas.— 16 
 (1)  The following densely populated urban areas, which 17 
have narrow state waterways, residential docking facilities, and 18 
significant recreational boating traffic, are designated as and 19 
shall be considered to be grandfathered -in anchoring limitation 20 
areas, within which a person may not anchor a vessel at any time 21 
during the period between one-half hour after sunset and one -22 
half hour before sunrise, except as provided in subsections (4) 23 
and (5): 24 
 (c)  The sections of Biscayne Bay in Miami -Dade County that 25     
 
CS/CS/HB 437  	2024 
 
 
 
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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 
 
 
 
are within 200 yards of any part of the shore of the City of 26 
Miami Beach lying between State Road A1A and State Road 112 : 27 
 1.  Rivo Alto Island and Di Lido Island. 28 
 2.  San Marino Island and San Marco Island. 29 
 3.  San Marco Island and Biscayne Island . 30 
 (6) 31 
 (b)1.  For a vessel in an anchoring limitation area 32 
established pursuant to subsectio n (2), upon an inquiry by a law 33 
enforcement officer or agency, a vessel owner or operator must 34 
be given an opportunity to provide proof that the vessel has not 35 
exceeded the limitations described in subsection (2). Such proof 36 
may include any of the followin g: 37 
 a.  Documentation showing that the vessel was in another 38 
location at least 1 nautical mile away within a period of less 39 
than 45 days before the inquiry. 40 
 b.  Electronic evidence, including, but not limited to, 41 
navigational devices or tracking devices permanently affixed to 42 
the vessel that show the vessel was in another location at least 43 
1 nautical mile away within a period of less than 45 days before 44 
the inquiry. 45 
 2.  If a vessel owner or operator fails or refuses to 46 
provide proof that the vessel has no t exceeded the limitations 47 
described in subsection (2), the law enforcement officer or 48 
agency may issue a citation for a violation of this section. 49 
 Section 2.  This act shall take effect July 1, 2024. 50