CS/CS/HB 437, Engrossed 1 2024
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hb0437-03-e1
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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 subsection (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 25
CS/CS/HB 437, Engrossed 1 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
lying between: 26
1. Palm Island and State Road A1A. 27
2. Rivo Alto Island and Di Lido Island. 28
3. San Marino Island and Di Lido Island. 29
4.2. San Marino Island and San Marco Island. 30
5.3. San Marco Island and Biscayne Island. 31
(6) 32
(b)1. For a vessel in an anchoring limitation area 33
established pursuant to subsection (2), upon an inquiry by a law 34
enforcement officer or agency, a vessel owner or operator must 35
be given an opportunity to provide proof that the vessel has not 36
exceeded the limitations described in subsection (2). Such proof 37
may include any of the following: 38
a. Documentation showing that the vessel was in another 39
location at least 1 nautical mile away within a period of less 40
than 45 days before the inquiry. 41
b. Electronic evidence, including, but not limited to, 42
navigational devices or tracking devices permanently affixed to 43
the vessel that show the vessel was in another location at least 44
1 nautical mile away within a period of less than 45 days before 45
the inquiry. 46
2. If a vessel owner or operator fails or refuses to 47
provide proof that the vessel has not ex ceeded the limitations 48
described in subsection (2), the law enforcement officer or 49
agency may issue a citation for a violation of this section. 50
CS/CS/HB 437, Engrossed 1 2024
CODING: Words stricken are deletions; words underlined are additions.
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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. This act shall take effect July 1, 2024. 51