Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-23 - UNIFORM WATERWAY MARKERS IN FLORIDA WATERS › Section 68D-23.106 - Marker Placement Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All persons placing or maintaining in place any markers must comply with the
				following requirements:
(a) Placement of these
				markers must be exactly as requested in the application. Any deviation will
				require that the permittee apply to have the permit amended.
(b) The permittee must display the permit
				number (except as provided below) on each marker and the ordinance number, code
				section number, statute number, regulation or rule number (etc.) on each
				regulatory marker. These numbers must be displayed in black, block characters
				approximately one inch in height.
1. On all
				regulatory markers, the permit number must be displayed in the lower left
				corner on the face of each regulatory marker. The ordinance number, code
				section number, statute number, regulation or rule number (etc.) must be
				displayed in the lower right corner on the face of each regulatory
				marker.
2. On all markers other
				than regulatory markers, the permit number must be displayed in the lower left
				corner on the face of each marker.
3. Information markers placed by counties,
				municipalities, or other governmental entities on inland lakes and their
				associated canals are exempt from permitting under this rule. Such markers, if
				not permitted, must display in lieu of a permit number, the name of the county,
				municipality, or other governmental entity that placed the marker.
(c) Upon completion of the
				installation of markers, the permittee must notify the Boating and Waterways
				Section in writing within 30 days. If the latitude and longitude of each
				marker, as installed, is different from that listed in the application, this
				notification must include the correct latitude and longitude in degrees and
				decimal minutes as referenced to the WGS-84-datum along with a request for the
				permit to be amended.
(d) All
				markers must be maintained in proper condition at all times. A discrepancy
				exists whenever a marker is not exactly as described in the approved
				application or is destroyed, damaged, moved, or is otherwise unserviceable or
				not watching properly. The permittee must immediately report any discrepancy in
				the marker to the Boating and Waterways Section by telephone, by sending an
				email to waterway.management@myfwc.com, or by other similarly rapid means of
				communication. The permittee must correct any discrepancy within 30 calendar
				days and must notify the Boating and Waterways Section when the correction is
				accomplished.
(e) A permit for the
				placement of a marker does not authorize any invasion of private rights, nor
				grant any exclusive privileges, nor does it obviate the necessity of complying
				with any other federal, state or local laws or regulations.
(f) All permits issued pursuant to this
				chapter are contingent upon the consent of and, if necessary, the issuance of
				appropriate permits by the United States Army Corps of Engineers authorizing
				the placement of structures for the support of the proposed markers. Consent
				may be by nationwide permit, regional permit, letter permit, authorization
				letter, statement of no objection, or other similar means.
(g) All permits issued pursuant to this
				chapter are contingent upon the consent of and, if necessary, the issuance of
				appropriate permits by the United States Coast Guard authorizing the
				establishment of private aids to navigation pursuant to Part 66 of Title 33 of
				the Code of Federal Regulations.
(h) It is unlawful to place markers, buoys,
				or signs on submerged lands, or other property or structure not owned by the
				person or governmental entity placing them without first receiving the written
				consent of the owner of the submerged lands, other property, or structure to
				the placement of said markers, buoys, or signs. For markers, buoys, or signs
				placed pursuant to a permit issued under this rule, the permit is contingent
				upon the permittee providing a copy of such consent to the Boating and
				Waterways Section.
(i) By accepting
				any permit and placing the markers authorized therein, the permittee, to the
				extent authorized by law, agrees and promises to hold harmless the State of
				Florida and its agencies, employees, agents, or successors from fault with
				respect to any claim or claims arising from alleged negligence in the
				placement, maintenance, operation and removal of any and all markers placed by
				the permittee pursuant to such permit. The permittee further agrees to
				indemnify the State of Florida for any and all legal fees and costs incurred in
				defense of any suit brought against the State as a result of alleged negligence
				by the permittee in the placement, maintenance, operation or removal of the
				markers.