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 866
INTRODUCER: Senator Martin
SUBJECT: Anchoring Limitation Areas
DATE: March 24, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. CA
3. RC
I. Summary:
SB 866 removes the restriction that prevents local governments from regulating vessel anchoring
outside of the marked boundaries of mooring fields. It retains the restriction for counties with
populations of 1.5 million or greater or in areas of critical state concern, but creates an additional
exception to allow local governments within those counties to regulate vessels that anchor for at
least four hours overnight for more than 30 days in a six-month period. This excludes any time
vessels are anchored overnight in a mooring field or for marine construction, installation, or
maintenance work.
The bill adds anchoring limitation areas in Biscayne Bay in Miami-Dade County, within which a
person may not anchor a vessel at any time overnight. The anchoring limitation areas lie
between:
• Palm Island and Star Island,
• Palm Island and Hibiscus Island, and
• Palm Island and Watson Island.
The bill prevents the owner or operator of a vessel or floating structure from anchoring or
mooring within 300 feet outward from the marked boundary of a public mooring field. The bill
extends the prohibition from 100 to 300 feet.
II. Present Situation:
Anchoring
Anchoring refers to a boater’s practice of seeking and using a safe harbor on the public waterway
system for an undefined duration.
1
Anchoring is accomplished using an anchor carried on the
1
Ankersen, Hamann, & Flagg, Anchoring Away: Government Regulation and the Rights of Navigation in Florida, 2
REVISED: BILL: SB 866 Page 2
vessel.
2
Anchorages are areas that boaters regularly use for anchoring or mooring, whether
designated or managed for that purpose or not.
3
Anchoring and Mooring Prohibition
Florida law places statutory limitations on local regulations regarding vessels, but does not
prohibit local governmental authorities from enacting or enforcing regulations that prohibit or
restrict the mooring or anchoring of floating structures, live-aboard vessels, or commercial
vessels, excluding commercial fishing vessels, within their jurisdictions or of any vessels within
the marked boundaries of mooring fields.
4
The owner or operator of a vessel or floating structure may not anchor or moor such that the
nearest approach of the anchored or moored vessel or floating structure is:
• Within 150 feet of any public or private marina, boat ramp, boatyard, or other public vessel
launching or loading facility;
• Within 500 feet of a superyacht repair facility;
5
or
• Within 100 feet outward from the marked boundary of a public mooring field or a lesser
distance if approved by the Florida Fish and Wildlife Conservation Commission upon the
request of a local government within which the mooring field is located.
6
The above prohibitions do not apply to:
• A vessel owned or operated by a governmental entity;
• A construction or dredging vessel on an active job site;
• A commercial fishing vessel actively engaged in commercial fishing; and
• A vessel actively engaged in recreational fishing if the persons onboard are actively tending
hook and line fishing gear or nets.
7
There are also exceptions related to mechanical failure of a vessel or weather-related conditions.
8
A violation related to anchoring or mooring is a noncriminal infraction,
9
for which the penalty is:
• For a first offense, up to a maximum of $100;
• For a second offense, up to a maximum of $250; and
• For a third or subsequent offense, up to a maximum of $500.
10
(Rev. May 2012), available at https://repository.library.noaa.gov/view/noaa/36907.
2
Section 327.02, F.S., defines the term “vessel” to include every description of watercraft, barge, and airboat, other than a
seaplane on the water, used or capable of being used as a means of transportation on water.
3
Ankersen, Hamann, & Flagg, Anchoring Away: Government Regulation and the Rights of Navigation in Florida at 2.
4
Section 327.60(2)(f), (3), F.S.
5
For this purpose, the term “superyacht repair facility” is defined to mean a facility that services or repairs a yacht with a
water line of 120 feet or more in length.
6
Section 327.4109(1)(a), F.S.
7
Section 327.4109(1)(b), F.S.
8
Section 327.4109(2), F.S.
9
Section 327.4109(5), F.S.
10
Section 327.73(1)(bb), F.S. These penalties are paid into the Marine Resources Conservation Trust Fund for boating safety
education and law enforcement purposes. Section 327.78(8), F.S. BILL: SB 866 Page 3
State-Designated Anchoring Limitation Areas
State law designates certain densely populated urban areas as anchoring limitation areas.
11
These
areas may have narrow state waterways, residential docking facilities, and significant
recreational boating traffic. The listed anchoring limitation areas are:
• The section of Middle River lying between Northeast 21
st
Court and the Intracoastal
Waterway in Broward County;
• Sunset Lake in Miami-Dade County; and
• The sections of Biscayne Bay in Miami-Dade County lying between:
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, and
o San Marco Island and Biscayne Island.
12
Within anchoring limitation areas established by statute, a person may not anchor a vessel at any
time during the period between one-half hour after sunset and one-half house before sunrise
unless otherwise exempt.
13
County-Designated Anchoring Limitation Areas
Counties, except for Monroe County,
14
may establish an anchoring limitation area adjacent to
urban areas that have residential docking facilities and significant recreational boating traffic.
15
The aggregate total of anchoring limitation areas in a county may not exceed 10 percent of the
county’s delineated navigable-in-fact waterways.
16
Each anchoring limitation area must meet the following requirements:
• Be less than 100 acres in size, not including any portion of the marked channel of the Florida
Intracoastal Waterway contiguous to the anchoring limitation area;
• Not include any mooring field or marina; and
• Be clearly marked with signs and buoys.
17
Unless otherwise exempt, a person may not anchor a vessel for more than 45 consecutive days in
any six-month period in an anchoring limitation area established by a county.
18
11
Section 327.4108(1), F.S.
12
Id.
13
Id.
14
Monroe County is designated as an anchoring limitation area within which, no less than once every 90 days, each vessel
anchoring within the county within ten linear nautical miles of a public mooring field or a designated anchoring area must
weigh anchor and move under its own propulsion to be re-anchored in a new location. Section 327.4108(3), F.S.
15
Section 327.4108(2), F.S.
16
Id. “Navigable-in-fact waterways” are 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. The term does include lakes or streams that have practical
usefulness to the public as highways for transportation. Id.
17
Id.
18
Id. BILL: SB 866 Page 4
Anchoring Limitation Area Exceptions
Exceptions to anchoring prohibitions in any anchoring limitation area include the following:
• When a vessel suffers a mechanical failure that poses an unreasonable risk of harm to the
vessel or the persons onboard unless the vessel anchors;
• If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable
risk of harm to the vessel or the persons onboard unless the vessel anchors; and
• During a regatta, tournament, or marine parade or exhibition or other special events,
including, but not limited to, public music performances, local government waterfront
activities, or fireworks displays.
19
Vessels exempt from anchoring prohibitions in any anchoring limitation area include:
• Vessels owned or operated by a government entity for law enforcement, firefighting,
military, or rescue purposes;
• Construction or dredging vessels on an active job site;
• Vessels actively engaged in commercial fishing; and
• Vessels engaged in recreational fishing if the persons onboard are actively tending hook and
line fishing gear or nets.
20
Anchoring Limitation Area Enforcement
For a vessel in a county-established anchoring limitation area, upon an inquiry by a law
enforcement officer or agency,
21
a vessel owner or operator must be given an opportunity to
provide proof that the vessel has not exceeded the limitations for county-established anchoring
limitation areas.
22
If a vessel owner or operator fails or refuses to provide proof that the vessel
has not exceeded the limitations, the officer or agency may issue a citation.
For a vessel in any anchoring limitation area, a law enforcement officer or agency may remove
and impound the vessel for up to 48 hours if the vessel operator was previously issued a citation
for violating anchoring limitation area regulations and:
• Anchors the vessel in an anchoring limitation area within 12 hours of being issued the
citation; or
• Refuses to leave the anchoring limitation area after being directed to do so by a law
enforcement officer or agency.
23
19
Section 327.4108 (4), F.S.
20
Section 327.4108(5), F.S.
21
Law enforcement agencies or officers specified in section 327.70, F.S., include FWC’s Division of Law Enforcement and
its officers, sheriffs and their deputies, municipal police officers, and any other law enforcement officer defined in section
943.10, F.S. As defined in section 943.10(1), F.S., a law enforcement officer is any person elected, appointed, or employed
full time by any municipality or the state or any political subdivision thereof who is vested with the authority to bear arms
and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal,
criminal, traffic, or highway laws of the state.
22
Section 327.4108(6), F.S.
23
Id. BILL: SB 866 Page 5
In addition to the civil penalty imposed by a citation, a vessel operator whose vessel has been
impounded must pay all of the applicable removal and storage fees before the vessel is
released.
24
An owner or operator of a vessel who anchors in an anchoring limitation area commits a
noncriminal infraction and is subject to a uniform boating citation and penalties. The civil
penalty provided is up to a maximum of:
• $100 for a first offense;
• $250 for a second offense; and
• $500 for a third or subsequent offense.
25
Any person who fails to appear or otherwise properly respond to a uniform boating citation must,
in addition to the charge relating to the violation of the boating laws, be charged with a second
degree misdemeanor, which is punishable by a maximum fine of $500 and imprisonment of no
more than 60 days.
26
Biscayne Bay
Biscayne Bay is a 428-square mile estuary extending nearly the entire length of Miami-Dade
County.
27
It is home to over 500 species of fish and other marine organisms, and its extensive
areas of seagrasses are an important food source for the Florida manatee and as nursery areas for
many ecologically and commercially important estuarine species like shrimp, crabs, lobster, and
sponges.
28
Miami-Dade County is one of Florida’s most populous counties, with approximately
2.8 million residents and millions of visitors each year.
29
The map on the following page shows the islands and State Road A1A in Biscayne Bay that are
currently used as landmarks for anchoring limitation areas. It also marks Star Island and Watson
Island, which have been added by the bill.
24
Id.
25
Section 327.73(1)(z), F.S.
26
Sections 327.73(1), 775.082, and 775.083, F.S.
27
Miami-Dade County, About Biscayne Bay, https://www.miamidade.gov/global/economy/environment/about-biscayne-
bay.page (last visited Feb. 3, 2024).
28
U.S. Army Corps of Engineers, Biscayne Bay Coastal Wetlands Project, https://www.saj.usace.army.mil/BBCW/ (last
visited March 20, 2025).
29
Florida Department of Environmental Protection, Biscayne Bay Aquatic Preserves, https://floridadep.gov/rcp/aquatic-
preserve/locations/biscayne-bay-aquatic-preserves (last visited March 20, 2025); Miami-Dade County, About Biscayne Bay. BILL: SB 866 Page 6
III. Effect of Proposed Changes:
Section 1 amends s. 327.60, F.S., relating to the local regulation of vessels. Current law prohibits
a local government from enacting an ordinance or local regulation that regulates anchoring
outside the marked boundaries of mooring fields, with the exception of live-aboard vessels and
commercial vessels, excluding commercial fishing vessels.
The bill limits the current prohibition against municipal or county anchoring regulations so that it
applies only to local governments in counties with populations of 1.5 million or more or counties
located in areas of critical state concern.
30
30
According to population estimates published in April 2024, there are five counties in Florida with over 1.5 million
residents (Broward, Hillsborough, Miami-Dade, Orange, and Palm Beach counties). Of the five counties, only one is
landlocked. Officer of Economic and Demographic Research, Florida Population Estimates by County and Municipality
(April 1, 2024), available at https://edr.state.fl.us/content/population-demographics/data/2024_Pop_Estimates.pdf. There are
five areas of critical state concern designated in Florida (Big Cypress, Green Swamp, City of Key West, Florida Keys, and
Apalachicola Bay areas of critical state concern). These areas of critical state concern area located in the following six
counties: Collier, Franklin, Lake, Miami-Dade, Monroe, and Polk counties. Florida Department of 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 March 21, 2025). BILL: SB 866 Page 7
The bill also adds an additional exception, which would allow local governments in counties that
meet the bill’s requirements to regulate any vessel in their jurisdiction that remains anchored
overnight
31
for a period of at least four hours for more than 30 days in a six-month period. This
excludes any time the vessel is anchored overnight within the boundaries of a marked mooring
field or anytime the vessel is anchored overnight for the purpose of completing permitted marine
construction, installation, or maintenance work.
Section 2 amends s. 327.4108, F.S., to revise the sections of Biscayne Bay in Miami-Dade
County that are anchoring limitation areas, within which a person may not anchor a vessel at any
time overnight. The bill adds anchoring limitation areas between:
• Palm Island and Star Island,
• Palm Island and Hibiscus Island, and
• Palm Island and Watson Island.
Section 3 amends s. 327.4109, F.S., relating to anchoring and mooring prohibitions. Current law
prohibits the owner or operator of a vessel or floating structure from anchoring or mooring such
that the nearest approach to the vessel or floating structure is within 100 feet outward from the
marked boundary of a public mooring field or a lesser distance if approved by the Florida Fish
and Wildlife Conservation Commission upon request of the local government with jurisdiction
over the mooring field.
The bill extends the anchoring or mooring prohibition from 100 to 300 feet.
Section 4 provides an effective date of July 1, 2025.
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.
31
Overnight is between one-half hour after sunset and one half-hour before sunrise. BILL: SB 866 Page 8
E. Other Constitutional Issues:
Article III, section 10 of the Florida Constitution prohibits the Legislature from enacting
any special law unless notice is first published or a referendum is conducted. A special
law or “local law” relates to or operates upon a particular person, thing, or part of the
state; it does not apply with geographic uniformity across the state and bears no
reasonable relationship to differences in population or other legitimate criteria.
32
On the
other hand, a general law of local application relates to a class of persons or things or
subdivisions of the state, based upon distinctions or differences that are inherent or
particular to the class or location. The Legislature is granted wide discretion in making
such classifications.
33
If a particular condition exists in only a portion of the state,
enactments that reference the limited geographic area may be general laws.
34
“[I]f a law
utilizes a classification that is geographical in its terms but the purpose of the statute is
one of statewide importance and impact, and the classification is reasonably related to the
law’s purpose, it is a valid general law.”
35
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
Section 1 of the bill limits the current prohibition against municipal or county anchoring
regulations so that it applies only to local governments in counties with populations of 1.5
million or more or counties located in areas of critical state concern. This effectively removes the
restriction preventing local governments from regulating vessel anchoring outside of the marked
boundaries of mooring fields if the local government is not located within one of the ten counties
that fall under the limitation.
VII. Related Issues:
None.
32
See State ex rel. Landis v. Harris, 163 So. 237, 240 (Fla. 1934); and Lawnwood Medical Center, Inc. v. Seeger, 990 So.2d
503 (Fla. 2008).
33
Shelton v. Reeder, 121 So. 2d 145, 151 (Fla. 1960). But see also FLA. CONST. Art. X, s. 11s.
34
Schrader v. Florida Keys Aqueduct Authority, 840 So.2d 1050, 1055 (Fla. 2003).
35
Id. at 1056. BILL: SB 866 Page 9
VIII. Statutes Affected:
This bill substantially amends sections 327.60, 327.4108, and 327.4109 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.