(1) The provisions of this chapter and chapter 328 shall govern the operation, equipment, and all other matters relating thereto whenever any vessel shall be operated upon the waters of this state or when any activity regulated hereby shall take place thereon.
(2) This chapter and chapter 328 do not prevent the adoption of any ordinance or local regulation relating to operation of vessels, except that a county or municipality may not enact, continue in effect, or enforce any ordinance or local regulation:
(a) Establishing a vessel or associated equipment performance or other safety standard, imposing a requirement for associated equipment, or regulating the carrying or use of marine safety articles;
(b) Relating to the design, manufacture, or installation of any marine sanitation device on any vessel, except as authorized in subsection (4);
(c) Regulating any vessel upon the Florida Intracoastal Waterway;
(d) Discriminating against personal watercraft;
(e) Discriminating against airboats, for ordinances adopted after July 1, 2006, unless adopted by a two-thirds vote of the governing body enacting such ordinance;
(f) Regulating the anchoring of vessels outside the marked boundaries of mooring fields permitted as provided in s. 327.40, except for:
1. Live-aboard vessels;
2. Commercial vessels, excluding commercial fishing vessels; and
3. Vessels anchored for a period of 1 hour or more between one-half hour after sunset and one-half hour before sunrise for more than 30 days in any 6-month period within the jurisdiction of a county with a population of 1.5 million or more, excluding any time the vessel is anchored overnight within the boundaries of a marked mooring field or any time the vessel is anchored overnight for the purpose of completing permitted marine construction, installation, or maintenance work;
(g) Regulating engine or exhaust noise, except as provided in s. 327.65; or
(h) That conflicts with any provisions of this chapter or any amendments thereto or rules adopted thereunder.
(3) This section does not prohibit local governmental authorities from the enactment or enforcement of 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 permitted as provided in s. 327.40.
(4)(a) A local government may enact and enforce regulations that require owners or operators of vessels or floating structures subject to the marine sanitation requirements of s. 327.53 to provide proof of proper sewage disposal by means of an approved sewage pumpout service, approved sewage pumpout facility, or approved waste reception facility when anchored or moored for more than 10 consecutive days within the following areas:
1. Marked boundaries of a permitted mooring field under the jurisdiction of the local government;
2. No-discharge zones as published in Volume 53, No. 13 of the Federal Register, page 1678 (1988); Volume 64, No. 164 of the Federal Register, pages 46390-46391 (1999); and Volume 67, No. 98 of the Federal Register, pages 35735-35743 (2002); or
3. No-discharge zones established pursuant to 40 C.F.R. s. 1700.10.
(b) Before a local government may adopt an ordinance to enact and enforce such regulations, the local government must ensure that there are approved sewage pumpout services, approved sewage pumpout facilities, or approved waste reception facilities available within its jurisdiction. Any ordinance adopted pursuant to this subsection may not take effect until reviewed and approved as consistent with this subsection by the commission.
(c) Upon approval of the Administrator of the United States Environmental Protection Agency pursuant to 33 U.S.C. s. 1322, a county designated as a rural area of opportunity may create a no-discharge zone for freshwater water bodies within the county’s jurisdiction to prohibit treated and untreated sewage discharges from floating structures and live-aboard vessels not capable of being used as a means of transportation and from houseboats. Within no-discharge zone boundaries, operators of such floating structures, live-aboard vessels, and houseboats shall retain their sewage on board for discharge at a pumpout facility or for discharge more than 3 miles off the coast in the Atlantic Ocean or more than 9 miles off the coast in the Gulf of America. Violations of this paragraph are punishable as provided in s. 327.53(6) and (7).
(d) This subsection does not prohibit a local government from enacting or enforcing such sewage pumpout requirements for live-aboard vessels, floating structures, and commercial vessels, excluding commercial fishing vessels, within any areas of its jurisdiction.
(e) The commission may adopt rules to implement this subsection.
(5) A local government may enact and enforce regulations to implement the procedures for abandoned or lost property that allow the local law enforcement agency to remove a vessel affixed to a public dock or mooring within its jurisdiction that is abandoned or lost property pursuant to s. 705.103(1). Such regulation must require the local law enforcement agency to post a written notice at least 24 hours before removing the vessel.
Cited 3 times | Published | Florida 2nd District Court of Appeal
...Based on error regarding these two issues, we set aside the final order and remand for further proceedings. With respect to the cross-appeal, we find no reversible error and affirm on that issue without discussion. In November 2004, the City enacted an ordinance pursuant to section 327.60, Florida Statutes (2004), to impose slow speed zones in portions of Naples Bay....
...ouglas Finlay. [1] Rule 68D-23.105(1)(b) provides as follows: 68D-23.105. Criteria for Approval of Regulatory Markers. (1) The division shall find a valid vessel traffic safety or public safety purpose is presented for ordinances adopted pursuant to Section 327.60, F.S., under the following facts and circumstances: .......
...The rule sets forth six fact-based circumstances in which waterways need marking for safety or navigational purposes. (1) The division shall find a valid vessel traffic safety or public safety purpose[ ] is presented for ordinances adopted pursuant to Section 327.60, *74 [F.S.], under the following facts and circumstances: * * * (b) For a Slow Speed Minimum Wake boating restricted area if the area is: * * * (4) Subject to unsafe levels of vessel traffic congestion....
Cited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 621536
...Section 327.46(1) expressly authorizes only the Department of Environmental Protection (DEP) to create restricted areas upon the waters of the State for purposes of public safety ... [and] the statute vests no authority in local governments to actually create restricted areas. 3... . Section 327.60 permits local governments to adopt ordinances relating to the operation and equipment of vessels, but provides that no such ordinance shall be operative when it is in conflict with Chapter 327....
...We find no language in section 327.46(1) or any other provision of chapter 327 that evidences a legislative intent to preempt the authority of a county to regulate personal watercraft by designating areas in which they may not be operated. On the contrary, section 327.22, Florida Statutes (1993), and section 327.60, Florida Statutes (1993), both expressly recognize the authority of local governments to regulate these vessels in accordance with specified conditions....
...the vessel. Any such ordinance shall apply only in designated restricted areas which are properly marked and in need of shoreline protection. Any county and the municipalities located within the county may jointly regulate vessels. (emphasis added) Section 327.60(1) provides: The provisions of [specified sections of chapter 327, including 327.46] shall govern the operation, equipment, and all other matters relating thereto whenever any vessel shall be operated upon the waterways or when any activity regulated hereby shall take place thereon....
...ing laws of this state are noncriminal infractions: ... . (i) Violations relating to restricted areas and speed limits: 1. Established by the department pursuant to s. 327.46; 2. Established by local governmental authorities pursuant to s. 327.22 or s. 327.60....
...utes. Count III is a claim for declaratory relief, alleging that section 58-32 conflicts with Section 372.7701, Florida Statutes. Count IV is a claim for declaratory relief, alleging that the subject matter of Section 58-32 is expressly preempted by Section 327.60, Florida Statutes....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
