STORAGE NAME: h0481.NRD
DATE: 3/7/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 481
TITLE: Anchoring Limitation Areas
SPONSOR(S): Lopez, V.
COMPANION BILL: SB 866 (Martin)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Natural Resources & Disasters
State Affairs
SUMMARY
Effect of the Bill:
The bill narrows restrictions on the types of regulations a county or municipality may adopt to regulate the
anchoring of vessels outside the marked boundaries of mooring fields. Specifically, the bill removes any such
restrictions in counties with populations of less than 1.5 million and that are not in areas of critical state concern,
thereby allowing local governments within such counties or areas to regulate vessel anchoring outside of mooring
fields.
In counties with populations of 1.5 million or greater or in areas of critical state concern, the bill retains current law
that allows local governments within such counties or areas to regulate live-aboard vessels and certain commercial
vessels and creates new authority for local governments within such counties to regulate vessels anchored
overnight under certain circumstances. Specifically, the bill allows the regulation of any vessel that is anchored for
a period of at least four hours any time between one-half hour after sunset and one-half hour before sunrise within
the jurisdiction of a county for more than 30 days in a 6-month period.
The bill expands the areas within Biscayne Bay that are designated anchoring limitation areas to include the areas
lying between Palm Island and Star Island, between Palm Island and Hibiscus Island, and between Palm Island and
Watson Island. Lastly, the bill increases the distance from a public mooring field that a vessel is authorized to
anchor.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises provisions related to regulating the anchoring and mooring of vessels.
The bill narrows restrictions on the types of regulations a county or municipality may adopt to regulate the
anchoring of vessels outside the marked boundaries of mooring fields. Specifically, the bill removes any such
restrictions in counties with populations of less than 1.5 million and that are not in areas of critical state concern,
thereby allowing local governments within such counties or areas to regulate vessel anchoring outside of mooring
fields. (Section 1)
In counties with populations of 1.5 million or greater
1 or in areas of critical state concern, the bill retains current
law that allows local governments within such counties or areas to regulate live-aboard vessels and certain
1
As of February 27, 2025, the counties that would be subject to this provision are Broward, Hillsborough, Miami-Dade,
Orange, and Palm Beach Counties. See Florida Office of Economic and Demographic Research, County Profiles, available at
https://edr.state.fl.us/content/area-profiles/county/index.cfm (last visited Feb. 27, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
commercial vessels and creates new authority for local governments within such counties to regulate vessels
anchored overnight under certain circumstances. Specifically, the bill allows the regulation of any vessel that is
anchored for a period of at least four hours any time between one-half hour after sunset and one-half hour before
sunrise within the jurisdiction of a county for more than 30 days in a 6-month period. It excludes any time the
vessel is anchored overnight within the boundaries of a marked mooring field or any time the vessel is anchored
for the purpose of completing permitted marine construction, installation, or maintenance work. (Section 1)
The bill expands the sections of Biscayne Bay in Miami-Dade County that are designated as anchoring limitation
areas within which a person may not anchor a vessel at any time during the time period between one-half hour
after sunset and one-half hour before sunrise, with certain exceptions. Specifically, the bill designates the sections
of Biscayne Bay lying between Palm Island and Star Island, between Palm Island and Hibiscus Island, and between
Palm Island and Watson Island as anchoring limitation areas. (Section 2)
The bill increases from 100 feet to 300 feet the distance from the marked boundary of a public mooring field within
which a vessel may not anchor or moor. (Section 3)
The effective date of the bill is July 1, 2025. (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Fish and Wildlife Conservation Commission
The Fish and Wildlife Conservation Commission (FWC), created by Article IV, Section 9 of the Florida Constitution,
is responsible for regulating, managing, protecting, and conserving the state’s fish and wildlife resources. FWC is
governed by a board of seven members who are appointed by the Governor and confirmed by the Senate.
2
Pursuant to its constitutional authority, FWC exercises the regulatory and executive powers of the state with
respect to wild animal life, freshwater aquatic life, and marine life.
FWC is also the agency responsible for regulating boating safety in the state. Through its Division of Law
Enforcement, FWC manages the state’s waterways to ensure boating safety for residents and visitors to the state.
3
This responsibility includes enforcing boating rules and regulations, coordinating boating safety campaigns and
education, managing public water and access to the waters, conducting boating accident investigations, identifying
and removing derelict vessels, and investigating vessel theft and title fraud.
4
Anchoring and Mooring
Anchoring and mooring refer to a boater’s practice of seeking and using a safe harbor on the public waterway
system for an undefined duration. Anchoring is accomplished using an anchor carried on the vessel, while mooring
refers to the use of devices that are permanently affixed to the bottom.
5 Anchorages are areas that boaters
regularly use for anchoring or mooring, whether designated or managed for that purpose or not.
6
Mooring Fields
Mooring fields are areas designated and used for a system of properly spaced moorings.
7 Local governments are
authorized by general permit to construct, operate, and maintain public mooring fields, each for up to 100 vessels.
8
Mooring fields must be located in areas where navigational access already exists between the mooring field and the
nearest customarily used access channel or navigable waters that the mooring field is designed to serve. Each
mooring field must be associated with a land-based support facility that provides amenities and conveniences,
2
Article IV, Section 9, Fla. Const.
3
FWC, Boating, https://myfwc.com/boating/ (last visited Feb. 26, 2025).
4
FWC, Law Enforcement, https://myfwc.com/about/inside-fwc/le/ (last visited Feb. 26, 2025). See Sections 327.70(1), F.S.
and 327.70(4), F.S.
5
Ankersen, Hamann, & Flagg, Anchoring Away: Government Regulation and the Rights of Navigation in Florida at 2, (March
2011), available at https://repository.library.noaa.gov/view/noaa/36905 (last visited Feb. 26, 2025).
6
Id.
7
Id.
8
Section 373.118, F.S.; Rule 62-330.420(1), F.A.C. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
such as parking, bathrooms, showers, and laundry facilities. Major boat repairs and maintenance, fueling activities
other than from the land-based support facility, and boat hull scraping and painting are not authorized within
mooring fields.
9
State Regulation of the Anchoring of Vessels
The Legislature has delegated the responsibility of managing sovereign submerged lands to the Governor and
Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (Board). Pursuant to this
responsibility, the Board is authorized to adopt rules governing anchoring, mooring, or otherwise attaching
vessels, floating homes, or any other watercraft to the bottom of sovereign submerged lands.
10 The Board has not
exercised its authority to adopt rules regulating anchoring.
Florida law prohibits a person from anchoring a vessel, except in case of emergency, in a manner that unreasonably
or unnecessarily constitutes a navigational hazard or interferes with another vessel.
11 Anchoring under bridges or
in or adjacent to heavily traveled channels constitutes interference, if unreasonable under the prevailing
circumstances.
12 Interference with navigation is a noncriminal infraction and punishable by a fine of $50.
13
With certain exceptions, the owner or operator of a vessel or floating structure may not anchor such that the
nearest approach of the anchored or moored vessel or floating structure is:
Within 150 feet of any marina, boat ramp, boatyard, or vessel launching or loading facility;
Within 300 feet of a superyacht repair facility; or
Within 100 feet outward from the marked boundary of a public mooring field or a lesser distance if
approved by the local government within which the mooring field is located.
14
Local Regulation of the Anchoring of Vessels
Local governments are authorized to enact and enforce ordinances that prohibit or restrict the anchoring of
floating structures
15 or live-aboard vessels
16 within their jurisdictions and vessels that are within the marked
boundaries of permitted mooring fields.
17 However, they are prohibited from enacting, continuing in effect, or
enforcing any ordinance or local regulation that regulates the anchoring of vessels, other than live-aboard vessels
and commercial vessels (excluding commercial fishing vessels), outside the marked boundaries of permitted
mooring fields.
18
Anchoring Limitation Areas
Current law designates certain densely populated urban areas that have narrow state waterways, residential
docking facilities, and significant recreational boating traffic as anchoring limitation areas.
19 The following
areas are designated in statute as anchoring limitation areas:
The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward
County.
Sunset Lake in Miami-Dade County.
The sections of Biscayne Bay in Miami-Dade County lying between:
9
Rule 62-330.420, F.A.C.
10
Section 253.03(7), F.S.
11
Section 327.44(2), F.S.
12
Id.
13
Section 327.73(1)(j), F.S.
14
Section 327.4109(1), F.S.
15
Section 327.02(14), F.S., defines “floating structure” as a floating entity, with or without accommodations built thereon,
which is not primarily used as a means of transportation on water but which serves purposes or provides services typically
associated with a structure or other improvement to real property. The term includes an entity used as a residence, place of
business, or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or
parking facility; or a mining platform, dredge, dragline, or similar facility or entity represented as such.
16
Section 327.02(23), F.S., defines “live-aboard vessel” as a vessel used solely as a residence and not for navigation; a vessel
represented as a place of business or a professional or other commercial enterprise; or a vessel for which a declaration of
domicile has been filed. The definition expressly excludes commercial fishing boats.
17
Section 327.60(2)(f), F.S.
18
Section 327.60(3), F.S.
19
Section 327.4108, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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o Palm Island and State Road A1A.
o Rivo Alto Island and Di Lido Island.
o San Marino Island and Di Lido Island.
o San Marino Island and San Marco Island.
o San Marco Island and Biscayne Island.
20
In these anchoring limitation areas, a person is prohibited from anchoring a vessel at any time during the period
between one half-hour after sunset and one half-hour before sunrise.
21 However, a person may anchor in these
anchoring limitation areas if:
The vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the people
onboard unless the vessel anchors;
Imminent or existing weather conditions in the vicinity pose an unreasonable risk of harm to the vessel or
the people onboard unless the vessel anchors; or
The vessel is attending a regatta, race, marine parade, tournament, exhibition,
22 or other special event,
including, but not limited to, public music performances, local government waterfront activities, or a
fireworks display.
23
Current law also authorizes a county
24 to establish an anchoring limitation area adjacent to urban areas that have
residential docking facilities and significant recreational boating traffic.
25 The aggregate total of anchoring
limitation areas in a county may not exceed 10 percent of the county’s delineated navigable-in-fact waterways.
26
Each county anchoring limitation area must:
Be less than 100 acres in size;
27
Not include any mooring field or marina; and
Be clearly marked with signs
28 and buoys.
29
A person may not anchor a vessel for more than 45 consecutive days in any six-month period in a county-
established anchoring limitation area.
30
Anchoring limitation areas do not apply to vessels owned or operated by a governmental entity for law
enforcement, firefighting, military, or rescue purposes; construction or dredging vessels on an active job site;
vessels actively engaged in commercial fishing; or vessels engaged in recreational fishing, if the individuals on
board are actively tending hook and line fishing gears or nets.
31
Areas of Critical State Concern
In 1972, the Florida Environmental Land and Water Management Act was enacted, creating the Areas of Critical
State Concern (ACSC) Program. The program is intended to protect resources and public facilities of major
20
Section 327.4108(1), F.S.
21
Section 327.4108(1), F.S.
22
Section 327.48, F.S.
23
Section 327.4108(3), F.S.
24
Except for Monroe County.
25
Section 327.4108(2)(a), F.S.
26
“Navigable-in-fact waterways” means waterways that are navigable in their natural or unimproved condition over which
useful commerce or public recreation of a substantial and permanent character is or may be conducted in the customary mode
of trade and travel on water. The term does not include lakes or streams that are theoretically navigable; have a potential for
navigability; or are temporary, precarious, and unprofitable, but the term does include lakes or streams that have practical
usefulness to the public as highways for transportation. See Section 327.4108(2)(a), F.S.
27
For purposes of this subsection, the calculated size of the anchoring limitation area does not include any portion of the
marked channel of the Florida Intracoastal Waterway contiguous to the anchoring limitation area. See Section
327.4108(2)(a)1.,F.S.
28
Signs must provide reasonable notice to boaters identifying the duration of time beyond which anchoring is limited and
identifying the county ordinance by which the anchoring limitation area was created. See Section 327.4108(2)(a)3.a., F.S.
29
The county that has created an anchoring limitation area must install and maintain buoys marking the boundary of the
anchoring limitation area. See Section 327.4108(2)(a)3.b., F.S.
30
Section 327.4108(2)(b), F.S.
31
Section 327.4108(5), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
statewide significance, within designated geographic areas, from uncontrolled development that would cause
substantial deterioration of such resources.
32 The ACSC designation denotes areas that contain natural resources of
regional or statewide importance, areas that are or will be significantly affected by major public facilities, or areas
of major development potential.
33
Areas currently designated as ACSCs include the Big Cypress Area,
34 the Green Swamp Area,
35 the Florida Keys
Area,
36 the Brevard Barrier Island Area,
37 and the Apalachicola Bay Area.
38
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 437 Porras Garcia The bill became law on July 1,
2024.
2023 CS/CS/CS/HB
261
Botana, Cassel Garcia The bill passed the House, but
died in the Senate.
2022 CS/CS/SB 1432 Mooney Rodriguez The bill became law on July 1,
2022.
2021 CS/CS/SB 1086 Sirois, Rizo Hutson The bill became law on July 1,
2021.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Natural Resources & Disasters
Subcommittee
Moore Weiss
State Affairs Committee
32
Florida Commerce, Areas of Critical State Concern Program, https://www.floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/areas-of-critical-state-concern (last visited Mar. 4, 2025).
33
The Green Swamp, History, https://www4.swfwmd.state.fl.us/greenswamp/history (last visited Mar. 4, 2025).
34
Section 380.055, F.S.
35
Section 380.0551, F.S.
36
Section 380.0552, F.S.
37
Section 380.0553, F.S.
38
Section 380.0555, F.S.