LTC 102-2018 Marine and Waterfront Protection Authority ResolutionOFFICE OF THE CITY MANAGER
NO. LTC #
102-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members o' the
FROM: Jimmy L. Morales, City Manager
,,
DATE: February 21, 2018
SUBJECT: Marine and Waterfront Protection
For the City of Miami Beach to
Sunset Harbor — Purdy Basin
Commission
ority Resolution:
lish a boat mooring field in
The purpose of this Letter to Commission (LTC) is to transmit a Resolution approved by
the Marine and Waterfront Protection Authority (MWPA) on Tuesday, January 9, 2018;
and revisited on Tuesday, February 13, 2018. This Resolution is a recommendation to
the Commission regarding establishing a mooring field in Sunset Harbor.
The Resolution reads as follows:
The MWPA passes a Resolution urging the City of Miami Beach to establish a boat
mooring field and associated facilities in Sunset Harbor to accommodate the needs of
transient yachts. Furthermore, the MWPA authorized member Morris Sunshine to seek
support for this tourism project from the City Commission.
Action: Motion was made by Dr. Morris Sunshine. Resolution passed with one
dissenting vote 10:1.
LM/SMT/ /SKS/RT/clr
C: Susanne M. Torriente, Assistant City Manager
Hernan Cardeno, Esq., Code Compliance Department Director
Sarah K. Saunders, Code Compliance Manager
Rianne Thomas, Code Compliance Administrator & MWPA Liaison
Attachments: Florida Mooring Law
Google image of Sunset Harbor — Purdy Basin
Rule 62-330.420, F.A.C. Public Mooring Fields General Permit Draft Rule
CHAPTER 2017-163
Committee Substitute for
Committee Substitute for House Bill No. 7043
An act relating to vessels; amending s. 253.0347, F.S.; authorizing certain
grandfathered private residential multifamily docks to moor a number of
boats that exceeds the number of units within the private multifamily
development; amending s. 327.02, F.S.; providing and revising definitions;
amending s. 327.391, F.S.; conforming a cross-reference; amending s.
327.4107, F.S.; providing a condition under which a vessel is at risk of
becoming derelict; specifying the means by which an officer may provide
certain telephonic or written notice to a vessel owner or operator;
authorizing the Fish and Wildlife Conservation Commission to adopt
rules; amending s. 327.4108, F.S.; removing the expiration of provisions
relating to anchoring vessels in anchoring limitation areas; creating s.
327.4109, F.S.; prohibiting owners and operators of vessels and floating
structures from anchoring or mooring in certain areas; providing excep-
tions and a penalty; amending s. 327.44, F.S.; prohibiting persons from
mooring vessels in a manner that constitutes certain navigational hazards
or interference; amending s. 327.46, F.S.; authorizing owners of certain
privately submerged land to request that the commission establish
boating -restricted areas to protect certain seagrass; authorizing the
commission to adopt rules; providing a definition; amending s. 327.60,
F.S.; authorizing a local government to enact and enforce certain
regulations that prohibit or restrict mooring or anchoring of certain
vessels, that require sewage disposal by certain vessels and floating
structures, and that authorize the removal of certain vessels; requiring
local governments to ensure that certain sewage pumpout services and
facilities are available; requiring the commission to review and approve
certain ordinances; providing applicability; authorizing the commission to
adopt rules; amending s. 327.70, F.S.; providing for issuance of uniform
boating citations for anchoring or mooring in prohibited areas; amending
s. 327.73, F.S.; providing penalties for operating a vessel with an expired
registration and anchoring or mooring in prohibited areas; amending s.
328.09, F.S.; prohibiting the issuance of certificates of title for derelict
vessels unless certain documentation is provided; amending s. 328.70,
F.S.; requiring commercial fishing vessels to be registered and classified
as commercial vessels; amending s. 328.72, F.S.; revising the penalties for
operation, use, or storage of vessels with expired registrations; amending
s. 705.103, F.S.; exempting certain law enforcement officers from specified
abandoned or lost property notice requirements; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (f) of subsection (2) of section 253.0347, Florida
Statutes, is amended to read:
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
253.0347 Lease of sovereignty submerged lands for private residential
docks and piers.—
(2)
(f) A lessee of sovereignty submerged lands for a private residential
multifamily dock designed to moor boats up to the number of units within
the multifamily development is not required to pay lease fees for a
preempted area equal to or less than 10 times the riparian shoreline
along sovereignty submerged land on the affected waterbody times the
number of units with docks in the private multifamily development. Private
residential multifamily docks Grandfathered-in to use soverei-anty sub-
merGed lands by January 1, 1998, pursuant to former rule 18-21.00405.
Florida Administrative Code, as it existed in rule on March 15. 1990, may
moor a number of boats that exceeds the number of units within the private
multifamily development as previously authorized under such rule.
Section 2. Subsections (3) and (4) of section 327.02, Florida Statutes, are
renumbered as subsections (4) and (5), respectively, present subsection (5) is
renumbered as subsection (7), present subsections (7) through (10) are
renumbered as subsections (9) through (12), respectively, present subsec-
tions (11) through (13) are renumbered as subsections (14) through (16),
respectively, present subsection (14) is renumbered as subsection (18),
present subsection (15) is renumbered as subsection (17), present subsec-
tions (16) through (44) are renumbered as subsections (19) through (47),
respectively, present subsections (6) and (19) are amended, and new
subsections (3), (8), and (13) are added to that section, to read:
327.02 Definitions.—As used in this chapter and in chapter 328, unless
the context clearly requires a different meaning, the term:
(3) "BarL-e" means a vessel that does not have living quarters, is not
propelled b_v its own power, and is designed to be _pushed or pulled by another
vessel.
(6) "Commercial fishin vessel" means:
{-a) a vessel primarily engaged in the taking or landing of saltwater fish
or saltwater products or freshwater fish or freshwater products, or a vessel
licensed pursuant to s. 379.361 from which commercial quantities of
saltwater products are harvested, from within and without the waters of
this state for sale to the consumer or to a retail or wholesale dealer.
(b) Any other vessel, exeep+ a feefeatioiial vessel as defined in Vniz
+;
�r
(8) "Commercial vessel" means a vessel used as a place of business or a
Drofessional or other commercial enterprise.
(13) "Effective means of DroDulsion for safe navigation" means a vessel,
other than a barge, that is eauiDped with:
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
(a) A functionin-a motor, controls, and steerin-- system: or
(b) Rimzinv and sails that are present and in L'ood working order, and a
functionin-a steerinL' system.
22 4-9-) "Live-aboard vessel" means:
(a) A vessel used solely as a residence and not for navigation;
(b)—es-sel represeiAed ao a pi aee of business , a professional , „+he f
T3l3l ` n terprise; 6r
(W(,) A vessel for which a declaration of domicile has been filed pursuant
to s. 222.17.; or
(c) A vessel used as a residence that does not have an effective means of
propulsion for safe navigation.
A commercial fishing vessel beat is expressly excluded from the term "live-
aboard vessel."
Section 3. Subsection (1) of section 327.391, Florida Statutes, is amended
to read:
327.391 Airboats regulated.—
(1) The exhaust of every internal combustion engine used on any airboat
operated on the waters of this state shall be provided with an automotive-
style factory muffler, underwater exhaust, or other manufactured device
capable of adequately muffling the sound of the exhaust of the engine as
described in s. 327.02(30) 2°''�,;. The use of cutouts or flex pipe as the
sole source of muffling is prohibited, except as provided in subsection (4).
Any person who violates this subsection commits a noncriminal infraction
punishable as provided in s. 327.73(1).
Section 4. Paragraph (e) is added to subsection (2) of section 327.4107,
Florida Statutes, to read:
327.4107 Vessels at risk of becoming derelict on waters of this state.—
(2) An officer of the commission or of a law enforcement agency specified
in s. 327.70 may determine that a vessel is at risk of becoming derelict if any
of the following conditions exist:
(e) The vessel does not have an effective means of Dropulsion for safe
navie-ation within 72 hours after the vessel owner or operator receives
telephonic or written notice, which may be Drovided by facsimile, electronic
mail, or other electronic means, stating such from an officer, and the vessel
owner or operator is unable to Drovide a receipt, Droof of Durchase, or other
documentation of havin-a ordered necessary Darts for vessel repair. The
commission may adopt rules to implement this paragraph.
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
Section 5. Subsection (7) of section 327.4108, Florida Statutes, is
amended to read:
327.4108 Anchoring of vessels in anchoring limitation areas.—
(7) This section shall remain in effect notwithstandina- expi-res the
Legislature's adoption of the commission's recommendations for the
regulation of mooring vessels outside of public mooring fields pursuant to
s. 327.4105.
Section 6. Section 327.4109, Florida Statutes, is created to read:
327.4109 Anchorins or mooring prohibited: exceptions: penalties.—
(1)(a) The owner or operator of a vessel or floatin-a structure may not
anchor or moor such that the nearest a_p_proach of the anchored or moored
vessel or floatin-- structure is:
1. Within 150 feet of anv marina, boat ramp, boatyard, or other vessel
launchinL- or loadinL- facility.
2. Within 300 feet of a supervacht repair facility. For purposes of this
subpara--raph, the term "supervacht repair facility" means a facility that
services or repairs a vacht with a water line of 120 feet or more in lenLyth: or
3. Within 100 feet outward from the marked boundary of a public
moorinLy field or a lesser distance if approved by the commission upon
request of a local Government within which the mooring field is located. The
commission may adopt rules to implement this subparaL-raph.
(b) This subsection does not apply to:
1. A vessel owned or operated by a -governmental entity.
2. A construction or dredL-ing vessel on an active iob site.
3. A commercial fishing vessel actively enaaaed in commercial fishing.
4. A vessel actively en-aaaed in recreational fishing' if the _persons
onboard are actively tendin-a hook and line fishing Lear or nets.
(2) Notwithstandin-a subsection (1), an owner or operator of a vessel may
anchor or moor within 150 feet of anv marina, boat ramp, boatvard, or other
vessel launching or loadinL_ facility: within 300 feet of a supervacht repair
facility: or within 100 feet outward from the marked boundary of a public
mooring field if:
(a) The vessel suffers a mechanical failure that poses an unreasonable
risk of harm to the vessel or the persons onboard such vessel. The owner or
operator of the vessel may anchor or moor for 5 business days or until the
vessel is repaired, whichever occurs first.
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
(b) Imminent or existin-- weather conditions in the vicinitv of the vessel
pose an unreasonable risk of harm to the vessel or the persons onboard such
vessel. The owner or operator of the vessel may anchor or moor until weather
conditions no lon-aer pose such risk._ During a hurricane or tropical storm,
weather conditions are deemed to no longer pose an unreasonable risk of
harm when the hurricane or tropical storm warninL- affecting the area has
expired.
(3) The owner or operator of a vessel or floatin- structure may not anchor
or moor within the marked boundary of a public moorin-- field unless the
owner or operator has a lawful ri-aht to do so b_v contractual agreement or
other business arranLyement.
(4) The owner or operator of a vessel or floatin-a structure may not
anchor, moor, tie, or otherwise affix or allow the vessel or floating structure
to remain anchored. moored, tied, or otherwise affixed to an unpermitted,
unauthorized, or otherwise unlawful obiect that is on or affixed to the bottom
of the waters of this state. This subsection does not apply to a private
mooring' owned by the owner of privately owned submerged lands.
(5) A violation of this section is a noncriminal infraction, punishable as
provided in s. 327.73(1)(bb).
Section 7. Subsection (2) of section 327.44, Florida Statutes, is amended
to read:
327.44 Interference with navigation; relocation or removal; recovery of
costs.—
(2) A N -a person may not shall anchor, moor emote, or allow permit to be
anchored or moored, except in case of emergency, or operate operated a
vessel or carry on any prohibited activity in a manner which shall
unreasonably or unnecessarily constitutes ^or�tute a navigational hazard
or interference interfere with another vessel. Anchoring or moorin-a under
bridges or in or adjacent to heavily traveled channels constitutes shall
rye interference if unreasonable under the prevailing circumstances.
Section 8. Subsection (1) of section 327.46, Florida Statutes, is amended
to read:
327.46 Boating -restricted areas.—
(1) Boating -restricted areas, including, but not limited to, restrictions of
vessel speeds and vessel traffic, may be established on the waters of this
state for any purpose necessary to protect the safety of the public if such
restrictions are necessary based on boating accidents, visibility, hazardous
currents or water levels, vessel traffic congestion, or other navigational
hazards or to protect seagrasses on Drivatelv owned submerzed lands.
(a) The commission may establish boating -restricted areas by rule
pursuant to chapter 120.
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
(b) Municipalities and counties have the authority to establish the
following boating -restricted areas by ordinance:
1. An ordinance establishing an idle speed, no wake boating -restricted
area, if the area is:
a. Within 500 feet of any boat ramp, hoist, marine railway, or other
launching or landing facility available for use by the general boating public
on waterways more than 300 feet in width or within 300 feet of any boat
ramp, hoist, marine railway, or other launching or landing facility available
for use by the general boating public on waterways not exceeding 300 feet in
width.
b. Within 500 feet of fuel pumps or dispensers at any marine fueling
facility that sells motor fuel to the general boating public on waterways more
than 300 feet in width or within 300 feet of the fuel pumps or dispensers at
any licensed terminal facility that sells motor fuel to the general boating
public on waterways not exceeding 300 feet in width.
c. Inside or within 300 feet of any lock structure.
2. An ordinance establishing a slow speed, minimum wake boating -
restricted area if the area is:
a. Within 300 feet of any bridge fender system.
b. Within 300 feet of any bridge span presenting a vertical clearance of
less than 25 feet or a horizontal clearance of less than 100 feet.
c. On a creek, stream, canal, or similar linear waterway if the waterway
is less than 75 feet in width from shoreline to shoreline.
d. On a lake or pond of less than 10 acres in total surface area.
3. An ordinance establishing a vessel -exclusion zone if the area is:
a. Designated as a public bathing beach or swim area.
b. Within 300 feet of a dam, spillway, or flood control structure.
(c) Municipalities and counties have the authority to establish by
ordinance the following other boating -restricted areas:
1. An ordinance establishing an idle speed, no wake boating -restricted
area, if the area is within 300 feet of a confluence of water bodies presenting
a blind corner, a bend in a narrow channel or fairway, or such other area if an
intervening obstruction to visibility may obscure other vessels or other users
of the waterway.
2. An ordinance establishing a slow speed, minimum wake, or numerical
speed limit boating -restricted area if the area is:
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
a. Within 300 feet of a confluence oaf water bodies presenting a blind
corner, a bend in a narrow channel or fairway, or such other area if an
intervening obstruction to visibility may obscure other vessels or other users
of the waterway.
b. Subject to unsafe levels of vessel traffic congestion.
c. Subject to hazardous water levels or currents, or containing other
navigational hazards.
d. An area that accident reports, uniform boating citations, vessel traffic
studies, or other creditable data demonstrate to present a significant risk of
collision or a significant threat to boating safety.
3. An ordinance establishing a vessel -exclusion zone if the area is
reserved exclusively:
a. As a canoe trail or otherwise limited to vessels under oars or under
sail.
b. For a particular activity and user group separation must be imposed to
protect the safety of those participating Jn such activity.
Any of the ordinances adopted pursuant to this paragraph shall not take
effect until the commission has reviewed the ordinance and determined by
substantial competent evidence that the ordinance is necessary to protect
public safety pursuant to this paragraph. Any application for approval of an
ordinance shall be reviewed and acted upon within 90 days after receipt of a
completed application. Within 30 days after a municipality or county
submits an application for approval to the commission, the commission
shall advise the municipality or county as to what information, if any, is
needed to deem the application complete. An application shall be considered
complete upon receipt of all requested information and correction of any
error or omission for which the applicant was timely notified or when the
time for such notification has expired. The commission's action on the
application shall be subject to review under chapter 120. The commission
shall initiate rulemaking no later than January 1, 2010, to provide criteria
and procedures for reviewing applications and procedures for providing for
public notice and participation pursuant to this paragraph.
(d) Owners of private submerged lands that are adjacent to Outstanding
Florida Waters. as defined in s. 403.061(27). or an aauatic preserve
established under ss. 258.39-258.399 may reauest that the commission
establish boating -restricted areas sale1v to protect anv seaLyrass and
contiL-uous seaL-rass habitat within their private prop_ erty boundaries
from seagrass scarrin-a due to Droueller dlredainey. Owners making a reauest
pursuant to this Aaragranh must demonstrate to the commission clear
ownership of the submerged lands. The commission shall adopt rules to
implement this DaraearaAh. including. but not limited to, establishing an
auplication process and criteria for .meeting the requirements of this
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
paragraph. Each approved boating -restricted area shall be established by
commission rule. For markin-- boatin-a-restricted zones established pur-
suant to this paragraph, owners of privately submerged lands shall apply to
the commission for a uniform waterwav marker permit in accordance with
ss. 327.40 and 327.41. and shall be responsible for marking the boating -
restricted zone in accordance with the terms of the permit.
(e) As used in this section. the term "seagrass" has the same meaning as
in s. 253.04.
Section 9. Subsections (2) and (3) of section 327.60, Florida Statutes, are
amended, and subsections (4) and (5) are added to that section, to read:
327.60 Local regulations; limitations.—
(2) Nothing n This chapter and or chapter 328 do not shall be ,.,,,., n+,..ue
to prevent the adoption of any ordinance or local regulation relating to
operation of vessels, except that a county or municipality may shall 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 installations 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 other-Ahan live .,ti,,,az..,a vessels
outside the marked boundaries of mooring fields permitted as provided in s.
327.40, except for:
1. Live -aboard vessels: and
2. Commercial vessels. excluding commercial fishinL- vessels:
(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) Nothing in This section does not shat be eenstrued to prohibit local
governmental authorities from the enactment or enforcement of regulations
that ,_e prohibit or restrict the mooring or anchoring of floating
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
structures, or live -aboard vessels, or commercial vessels. excludine' com-
mercial fishinL- vessels, within their jurisdictions or of any vessels within the
marked boundaries of mooring fields permitted as provided in s. 327.40.
However, -legal-gover-nfnent/al autrharitiesare prehibited from rulati.,,, the
aflehering outside of sueh mooring -fields of vessels than live --abed
vessels as-4efimd in e. 227L.442.
(4)(a) A local Government may enact and enforce regulations that reauire
owners or operators of vessels or floatinLy structures subject to the marine
sanitation reauirements of s. 327.53 to provide proof of proper sewaL'e
disposal by means of an approved sewage DumDOUt 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. Dage 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 DUmDOUt services, approved Sewage _oumpout facilities, or
approved waste reception facilities available within its jurisdiction. Anv
ordinance adopted pursuant to this subsection may not take effect until
reviewed and aDDroved as consistent with this subsection by the commis-
sion.
(c) This subsection does not Drohibit a local government from enacting or
enforcing such sewage DumDout reauirements for live -aboard vessels,
floating structures, and commercial vessels, excluding commercial fishing
vessels, within anv areas of its iurisdiction.
(d) The commission may adopt rules to implement this subsection.
(5) A local government may enact and enforce regulations to imDlement
the Drocedures for abandoned or lost DroDerty that allow the local law
enforcement agencv to remove a vessel affixed to a Dublic dock within its
iurisdiction that is abandoned or lost DroDerty Dursuant to s. 705.103(1).
Such regulation must rea_uire the local law enforcement agencv to Dost a
written notice at least 24 hours before removing the vessel.
Section 10. Subsection (3) of section 327.70, Florida Statutes, is amended
to read:
327.70 Enforcement of this chapter and chapter 328.-
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
(3)(a) Noncriminal violations of the following statutes may be enforced
by a uniform boating citation mailed to the registered owner of an
unattended vessel anchored, aground, or moored on the waters of this state:
1. Section 327.33(3)(b), relating to navigation rules.
2. Section 327.44, relating to interference with navigation.
3. Section 327.50(2), relating to required lights and shapes.
4. Section 327.53, relating to marine sanitation.
5. Section 328.48(5), relating to display of decal.
6. Section 328.52(2), relating to display of number.
7. Section 327.4107, relating to vessels at risk of becoming derelict.
8. Section 327.4109. relating to prohibited anchorin- or mooring.
(b) Citations issued to livery vessels under this subsection are ahall be
the responsibility of the lessee of the vessel if the livery has included a
warning of this responsibility as a part of the rental agreement and has
provided to the agency issuing the citation the name, address, and date of
birth of the lessee when requested by that agency. The livery is not
responsible for the payment of citations if the livery provides the required
warning and lessee information.
(c) A noncriminal violation of s. 327.4108 may be enforced by a uniform
boating citation issued to the operator of a vessel unlawfully anchored in an
anchoring limitation area.
(d) A noncriminal violation of s. 327.4109 may be enforced by a uniform
boating Gjtation issued to the owner or operator of a vessel or floating
structure unlawfully anchored or moored in a prohibited area.
Section 11. Paragraph (g) of subsection (1) of section 327.73, Florida
Statutes, is amended, and paragraph (bb) is added to that subsection, to
read:
327.73 Noncriminal infractions.—
(1) Violations of the following provisions of the vessel laws of this state
are noncriminal infractions:
(g) Section 328.72(13), relating to operation with an expired registration,
for which the Denaltv is:
1. For a first or subsea_uent offense of s. 328.72(13)(a), UD to a maximum
of $50.
2. For a first offense of s. 328.72(13)(b), UD to a maximum of 8250.
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
3. For a second or subsequent offense of s. 328.72(13)(b). up to a
maximum of $500. Anv person cited for a noncriminal infraction under
this subparagraph mav not have the provisions of paraL-raph (4)(a) available
to him or her but must appear before the designated official at the time and
location of the scheduled hearing.
(bb) Section 327.4109, relating to anchoring or mooring in a prohibited
area, for which the penalty is:
1. For a first offense, up to a maximum of $50.
2. For a second offense, up to a maximum of $100.
3. For a third or subseauent offense. up to a maximum of $250.
Any person cited for a violation of any provision of this subsection shall be
deemed to be charged with a noncriminal infraction, shall be cited for such
an infraction, and shall be cited to appear before the county court. The civil
penalty for any such infraction is $50, except as otherwise provided in this
section. Any person who fails to appear or otherwise properly respond to a
uniform boating citation shall, in addition to the charge relating to the
violation of the boating laws of this state, be charged with the offense of
failing to respond to such citation and, upon conviction, be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083. A written warning to this effect shall be provided at the time such
uniform boating citation is issued.
Section 12. Subsection (4) is added to section 328.09, Florida Statutes, to
read:
328.09 Refusal to issue and authority to cancel a certificate of title or
registration.—
(4) The department mav not issue a certificate of title to anv applicant for
anv vessel that has been deemed derelict by a law enforcement officer under
S. 823.11. A law enforcement officer must inform the department in writing.
which mav_ be provided by facsimile, electronic mail, or other electronic
means, of the vessel's derelict status and supply the department with the
vessel title number or vessel identification number. The department mav
issue a certificate of title once a law enforcement officer has verified in
writing, which may be provided by facsimile, electronic mail, or other
electronic means, that the vessel is no longer a derelict vessel.
Section 13. Subsection (2) of section 328.70, Florida Statutes, is amended
to read:
328.70 Legislative intent with respect to uniform registration fee,
classification of vessels. -
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
(2) Any vessel that which is required to be registered and that meets the
definition of a commercial fishin-a vessel or a commercial vessel shall be
classified and registered as a "commercial vessel."
Section 14. Subsection (13) of section 328.72, Florida Statutes, is
amended to read:
328.72 Classification; registration; fees and charges; surcharge; disposi-
tion of fees; fines; marine turtle stickers.—
(13) EXPIRED REGISTRATION.—The operation, use, or storage on the
waters of this state of a previously registered vessel is subject to the
followirnff penalties:
(a) The owner or operator of a vessel with an expired rea-istration of 6
months or less commits a noncriminal infraction, punishable as _provided in
s. 327.73(1)(01.
(b) The owner or operator of a vessel with an expired revistration of more
than 6 months commits a noncriminal infraction, Dunishable as provided in
s. 327.73(1)(02. or (1)(03. afte f the expiration o fth r i:t,, tl„r period ;
noyurimin al vim=ods defined in o. 827
This subsection does not apply to vessels lawfully stored at a dock or in a
marina.
Section 15. Subsection (2) of section 705.103, Florida Statutes, is
amended to read:
705.103 Procedure for abandoned or lost property.—
(2) Whenever a law enforcement officer ascertains that an article of lost
or abandoned property is present on public property and is of such nature
that it cannot be easily removed, the officer shall cause a notice to be placed
upon such article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY. This property, to wit: ...(setting forth brief
description)... is unlawfully upon public property known as ...(setting
forth brief description of location)... and must be removed within 5 days;
otherwise, it will be removed and disposed of pursuant to chapter 705,
Florida Statutes. The owner will be liable for the costs of removal, storage,
and publication of notice. Dated this: ... (setting forth the date of posting of
notice)..., signed: ,..(setting forth name, title, address, and telephone
number of law enforcement officer)....
Such notice shall be not less than 8 inches by 10 inches and shall be
sufficiently weatherproof to withstand normal exposure to the elements. In
addition to posting, the law enforcement officer shall make a reasonable
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
effort to ascertain the name and address of the owner. If such is reasonably
available to the officer, she or he shall mail a copy of such notice to the owner
on or before the date of posting. If the property is a motor vehicle as defined
in s. 320.01(1) or a vessel as defined in s. 327.02, the law enforcement agency
shall contact the Department of Highway Safety and Motor Vehicles in order
to determine the name and address of the owner and any person who has
filed a lien on the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
328.15(1). On receipt of this information, the law enforcement agency shall
mail a copy of the notice by certified mail, return receipt requested, to the
owner and to the lienholder, if any. except that a law enforcement officer who
has issued a citation for a violation of s. 823.11 to the owner of a derelict
vessel is not reauired to mail a coAv of the notice by certified mail. return
receipt reauested. to the owner. If, at the end of 5 days after posting the
notice and mailing such notice, if required, the owner or any person
interested in the lost or abandoned article or articles described has not
removed the article or articles from public property or shown reasonable
cause for failure to do so, the following shall apply:
(a) For abandoned property, the law enforcement agency may retain any
or all of the property for its own use or for use by the state or unit of local
government, trade such property to another unit of local government or state
agency, donate the property to a charitable organization, sell the property, or
notify the appropriate refuse removal service.
(b) For lost property, the officer shall take custody and the agency shall
retain custody of the property for 90 days. The agency shall publish notice of
the intended disposition of the property, as provided in this section, during
the first 45 days of this time period.
1. If the agency elects to retain the property for use by the unit of
government, donate the property to a charitable organization, surrender
such property to the finder, sell the property, or trade the property to
another unit of local government or state agency, notice of such election shall
be given by an advertisement published once a week for 2 consecutive weeks
in a newspaper of general circulation in the county where the property was
found if the value of the property is more than $100. If the value of the
property is $100 or less, notice shall be given by posting a description of the
property at the law enforcement agency where the property was turned in.
The notice must be posted for not less than 2 consecutive weeks in a public
place designated by the law enforcement agency. The notice must describe
the property in a manner reasonably adequate to permit the rightful owner
of the property to claim it.
2. If the agency elects to sell the property, it must do so at public sale by
competitive bidding. Notice of the time and place of the sale shall be given by
an advertisement of the sale published once a week for 2 consecutive weeks
in a newspaper of general circulation in the county where the sale is to be
held. The notice shall include a statement that the sale shall be subject to
any and all liens. The sale must be held at the nearest suitable place to that
where the lost or abandoned property is held or stored. The advertisement
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Ch. 2017-163 LAWS OF FLORIDA Ch. 2017-163
must include a description of the goods and the time and place of the sale.
The sale may take place no earlier than 10 days after the final publication. If
there is no newspaper of general circulation in the county where the sale is to
be held, the advertisement shall be posted at the door of the courthouse and
at three other public places in the county at least 10 days prior to sale. Notice
of the agency's intended disposition shall describe the property in a manner
reasonably adequate to permit the rightful owner of the property to identify
it.
Section 16. This act shall take effect July 1, 2017.
Approved by the Governor June 23, 2017.
Filed in Office Secretary of State June 23, 2017.
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All
14�1
FA
Rule 62-330.420, F.A.C., Public Mooring Fields General Permit
Draft Rule
62-330.420 General Permit to Local Governments for Public Mooring Fields.
(1) A general permit is granted to any local government to construct, operate, and maintain a public
mooring field for up to 100 vessels, including a dinghy dock and sewage pumpout dock directly supporting
the mooring field.
(2) The Notice of Intent to use this general permit required under Rule 62-330.402(1), F.A.C., shall
include the following additional information.
(a) Mooring Field Management Plan (Management Plan) that provides reasonable assurance that
the mooring field and supporting land-based facility will comply with all of the requirements of this general
permit. The Management Plan shall be binding on the permittee for the life of the mooring field. Any
revisions or modifications to the Management Plan require written approval, by the Department, prior to
becoming effective.
(b) All drawings and documents in support of the proposed mooring field and associated land-based
support facility, including details on the anchoring systems proposed for mooring vessels in the mooring
field, and any docks, pumpout facilities, kiosks, and in -water navigational signs and markers proposed.
(c) A scaled bathymetry plan showing water depths throughout the proposed mooring field,
including any ingress and egress channels directly associated with the mooring field and water depths at
any docks proposed at the land-based support facility.
(d) A benthic resource inventory of the proposed mooring field location as well as the areas for the
proposed dinghy and pumpout docks.
(3) To qualify for this general permit, the local government must comply with the following specific
conditions, in addition to the general conditions in Rule 62-330.405, F.A.C.
(a) Management Plan:
1. At least 30 days prior to submittal of a notice to use this general permit, the local government
shall conduct at least one pre -application meeting with the Department to discuss the adequacy of the
Management Plan, existing or proposed land-based support facility, project design, and implementation
details.
2. Example Management Plans are included in the "References and Design Aids" for Volume I,
available at http://www.dep.state.fl.us/water/rulesprog.httn#erp. Entities using this general permit are not
required to follow the examples.
(b) Siting Criteria:
1. Navigational access must already exist between the mooring field and the nearest customarily
used access channel or navigable waters for the sizes of vessels for which the mooring field is designed to
serve, such that no new dredging is required to create access or adequate mooring depths.
2. The mooring field and mooring areas associated with the dinghy dock and pumpout vessel dock
shall be sited in an area with adequate circulation and flushing based on the bathymetry plan required in
paragraph (2)(c) above and the proposed drafts and types of vessels to be moored.
3. The mooring field shall be associated with an existing or permitted land-based support facility
that is operational prior to the mooring field being occupied. The land-based support facility shall provide
amenities and conveniences for the number of occupants that are using the mooring field (e.g., parking,
bathrooms, shower facilities, laundry facilities, etc.). These details shall be included in the Management
Plan.
4. The mooring field, dinghy dock and sewage pumpout dock shall not be located in the following
areas.
a. Within any marked or customarily used navigational channel, or within setbacks established
by the U.S. Army Corps of Engineers for federal channels.
New Rule 62-330.420, Public Mooring Field GP 1 After 6/20/14 Workshop (DRAFT 12.19.2014)
b. Where they would adversely affect waters classified by the Department of Agriculture and
Consumer Services as approved, conditionally approved, restricted, or conditionally restricted for shellfish
harvesting as set forth in Chapter 5L-1, F.A.C. This can be demonstrated by providing a letter of no
objection from the Department of Agriculture and Consumer Services. However, no letter is required if a
project will be located in Palm Beach, Broward or Miami -Dade County.
c. Where they would adversely affect critical habitat designated by the U.S. Fish and Wildlife
Service or U.S. National Marine Fisheries Service for any federally -listed threatened or endangered species
under the Endangered Species Act of 1973.
d. In predominantly fresh waters as defined in Chapter 62-302, F.A.C.
(c) Design criteria:
1. The mooring field shall accommodate 100 vessels or less (excluding any dinghies that may be
attached to parent vessels).
2. Vessel mooring systems and the installation plans must be designed by a Florida registered
professional so that the mooring systems with vessels attached withstand, at a minimum, tropical storm
force winds and so that the associated tethers, lines and buoys do not scour or damage the bottom. The
mooring system and associated tethers, lines and buoys shall be maintained for the life of the facility.
3. The mooring field shall be permanently associated with a land-based support facility that
provides the following:
a. Pumpout either fixed or portable, or a pumpout vessel under contract for service or owned by
the land-based support facility capable of serving all vessels using the mooring field, and a plan for regular
pumpouts of vessels when needed.
b. A landing platform or dinghy dock for mooring field users to access the land-based support
facility, as well as a dock for a fixed sewage pumpout or mooring for the pumpout vessel if one is requested.
Such docks are authorized to be constructed under this general permit, provided neither dock exceeds 500
square feet of structure over wetlands and other surface waters, and sufficient water depth exists at the dock
for the sizes of vessels for which the dock is designed to serve.
4. The mooring field shall be marked in accordance with Florida Fish and Wildlife Conservation
Commission (FWC) requirements under Chapter 327, F.S., including markings of the outside boundaries
of the mooring field.
5. Dredging and filling of wetlands or other surface waters is authorized only for the installation of
pilings, mooring buoys, vessel mooring systems, mooring field regulatory/boundary/information markers,
a dinghy dock, and a sewage pumpout dock.
6. If located in a county that is required to have a state -approved Manatee Protection Plan (MPP)
under Section 379.2431(2)(t), F.S., or a county that has voluntarily completed a state -approved MPP, the
mooring field shall be designed and maintained in conformance with the MPP. Documentation of plan
consistency must be submitted concurrently with the notice to use the general permit in the form of a letter
of consistency from the Florida Fish and Wildlife Conservation Commission. A review by the Commission
can be requested at Im-oeriledSpecies(4nrvFWC.com.
(d) Operational Criteria:
1. The local government or its contracted entity shall operate and maintain the mooring field and
land-based support facility in accordance with the terms of this general permit, the Management Plan, and
sovereign submerged lands lease (if applicable) throughout the life of the mooring field.
2. Occupied vessels with Type III marine sanitation devices shall be required to have their holding
tanks pumped out at a minimum, on a 7 -day interval while continuously moored in the mooring field.
The Management Plan shall specify a pumpout plan, tracking and inspection times, which generally
shall not be less than a minimum 7 -day interval. The pumpout plan shall include a flag notification system
for facilities that are using a pumpout vessel and a proposed inspection schedule for Type I or II systems.
3. The local government must provide, at the land-based support facility, for the regular collection
of solid waste, sewage, and recyclable goods from vessels moored at the mooring field. All collected sewage
New Rule 62-330.420, Public Mooring Field GP 2 After 6/20/14 Workshop (DRAFT 12.19.2014)
waste must be discharged at a land-based support facility permitted by the Department or the Florida
Department of Health and that has capacity to accept such waste.
4. The local government must provide information to users explaining ways to minimize discharges
of grey water, including encouragement to use land-based support facilities. This information also shall be
included in the Management Plan.
5. The following activities are prohibited in the mooring field and at the dinghy, dock and sewage
pumpout dock at the land-based facility, unless specifically authorized in the Management Plan or a
separate, valid authorization under Part IV of Chapter 373, F.S.:
a. Major Boat repair and maintenance.
b. Fueling activities. However, this shall not prevent fueling at the land-based support facility.
c. Boat hull scraping or painting.
6. The local government shall identify in the Management Plan whether it will provide brochures,
or install and maintain a kiosk or permanent information display board in a clearly visible location at the
land-based support facility, providing information on:
a. Operational provisions and restrictions associated with use of the mooring field and land-
based support facility;
b. Manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C.,
which is incorporated by reference in subparagraph 62-330.417(3)(c)2, F.A.C.;
c. The location and availability of sewage pumpout facilities and procedures;
d. Navigational ingress and egress to the mooring field and land-based support facility, including
identification of channel markers, shoals, and other significant navigational issues, such as controlling water
depths; or by providing charts for sale or a location where they may be purchased.
e. Seagrasses, corals, and other significant resources in the adjacent waters, such as their
location, protection and avoidance of impacts, and their importance to the water resources; and
f. Prohibitions on discharging trash, sewage, and hazardous wastes into the water, and ways to
minimize discharging grey water into the water.
(e) Sovereignty Submerged Lands Lease:
1. All public mooring fields and associated land-based support facilities located on sovereignty
submerged lands require a lease from the Board of Trustees of the Internal Improvement Trust Fund .in
accordance with the application procedures and requirements of Chapter 18-21, F.A.C.
2. The lease boundary shall include the over -water surface area of the mooring field, encompassing
all of the swing areas and square footage between the swing areas including internal thoroughfares.
3. The lease boundary shall include the preempted area for the dinghy dock and the sewage
pumpout access dock that contains a temporary mooring area to access a fixed sewage pumpout and for the
mooring of a sewage pumpout vessel, if these structures are proposed and located on sovereignty submerged
lands and not part of an existing lease or other forms of authorization by the Board of Trustees of the
Internal Improvement Fund.
4. The Management Plan shall be referenced in the lease, when located over sovereignty submerged
lands.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law
Implemented 373.118(1), 373.118(4), 373.406(5), 373.413, 373.4131, 373.414(1), 373.414(9), 373.416, 373.418, 403.814(1) FS.
History—New
New Rule 62-330.420, Public Mooring Field GP 3 After 6/20/14 Workshop (DRAFT 12.19.2014)