reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.009 - Palm Beach County Zones

Current through Reg. 50, No. 138; July 16, 2024
(1) For the
				purpose of regulating the speed and operation of motorboat traffic within the
				following manatee protection areas between the dates of November 15 and March
				31 of each year, paragraphs (b), (d), and (e); year-round but
				seasonally-differentiated, paragraph (g); and year-round, paragraphs (a), (c),
				and (f), the Palm Beach County manatee protection zones are established as
				follows:
(a) Idle Speed Zone (Year-round) -
1. All waters along the westerly side of Lake
				Worth, bounded to the north by the southern edge of the Port of Palm Beach
				Turning Basin, and that line representing its westward extension, west to the
				mainland; bounded to the south by an east-west line one mile south of an
				east-west line drawn along the southern end of Peanut Island; bounded to the
				east by the western boundary of the marked channel of the Atlantic Intracoastal
				Waterway; and bounded to the west by the western shoreline of Lake Worth,
				unless otherwise designated under paragraph (1)(e).
2. All waters within 300 feet of the general
				contour of the shoreline, including associated backwaters and canals, along the
				easterly side of Lake Worth from a straight line drawn from Lake Worth Inlet
				channel flashing red marker "10" through flashing green marker "9" and
				southeasterly extension thereof, southeasterly to the shore of Palm Beach
				Island, south to an east-west line one mile south of an east-west line drawn
				along the southern end of Peanut Island, excluding that partially marked
				navigation channel south of Lake Worth Inlet along the easterly side of Lake
				Worth, running from daymark R "2" to daymark R "6" and thence southerly,
				paralleling the eastern shoreline (except as designated under paragraph (1)(b),
				for seasonal regulation).
3. All
				waters with a northerly limit being a line drawn perpendicular to the
				centerline of the Atlantic Intracoastal Waterway at the northerly end of the
				fender system of the SR 707 Bridge, the easterly limit being a due north line
				drawn across Jupiter Inlet from the western tip of the jetty at DuBois Park to
				the southwest corner of Jupiter Island (and including the small waterbody
				immediately adjacent to and southerly of said jetty), the westerly limit being
				a line drawn perpendicular to the channel of the Loxahatchee River at the
				northwest end of the fender system of the Florida East Coast Railroad Bridge
				adjacent to the SR 811 (Alternate A-1-A) Bridge, and the southerly limit being
				a line drawn perpendicular to the channel of the Atlantic Intracoastal Waterway
				at the southerly end of the fender system of the SR 706 (Indiantown Road)
				Bridge, including all waters of and tributaries to Sawfish Bay and the Jupiter
				River, and excluding the main marked channel of the Atlantic Intracoastal
				Waterway.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.010 - Broward County Zones

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The Commission hereby designates the
				waters within Broward County, as described below, as areas where manatee
				sightings are frequent and where the best available information supports the
				conclusion that manatees inhabit these areas on a regular or periodic basis.
				The primary purpose of this rule is to protect manatees from harmful collisions
				with motorboats and from harassment by establishing safe havens and regulating
				the speed and operation of motorboats within these designated areas. A
				secondary purpose is to protect manatee habitat.
(b) In consideration of balancing the rights
				of fishers, boaters, and water skiers to use the waters of the state for
				recreational and commercial purposes (as applicable under Section
				379.2431(k),
				F.S.), with the need to provide manatee protection, the Commission has examined
				the need for limited lanes, corridors, or unregulated areas that allow higher
				speeds through or within regulated areas. Such lanes, corridors, or areas are
				provided in those locations where the Commission determined they are consistent
				with manatee protection needs.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.018 - Turkey Creek Zones Established (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.12(2)(f)
					 FS. Law Implemented 370.12(2)(f),
					 (14) FS.
New 11-23-83, Formerly 16N-22.18, 16N-22.018, 62N-22.018,
					 Repealed 6-24-02.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.021 - Manatee Cove Zone Established (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.12(2)(f)
					 FS. Law Implemented 370.12(2)(k)2. FS.
New 12-4-85, Formerly 16N-22.21, Repealed
					 6-24-02.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.022 - Hillsborough County - Big Bend Zones Established (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021(2) FS.
					 Law Implemented 370.12(2)(i), (j),
					 (n) FS.
New 12-30-86, Formerly 16N-22.022, 62N-22.022, Repealed
					 1-5-05.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.023 - Collier County Zones

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission hereby designates the waters within Collier County, as described
				below, as areas where manatee sightings are frequent and where the best
				available information supports the conclusion that manatees inhabit these areas
				on a regular or periodic basis. The primary purpose of this rule is to protect
				manatees from harmful collisions with motorboats and from harassment by
				regulating the speed and operation of motorboats within these designated areas.
				A secondary purpose is to protect manatee habitat. In consideration of
				balancing the rights of fishers, boaters, and water skiers to use the waters of
				the state for recreational and commercial purposes (as applicable under Section
				379.2431(2)(k),
				F.S.) with the need to provide manatee protection, the Commission has examined
				the need for limited lanes, corridors, or unregulated areas that allow higher
				speeds through or within regulated areas. Such lanes, corridors, or areas are
				provided in those locations where the Commission determined they are consistent
				with manatee protection needs.
(2)
				The following year-round zones are established, which include all associated
				and navigable tributaries, lakes, creeks, coves, bends, backwaters, canals,
				channels, boat basins, and other waterways unless otherwise designated or
				excluded. Coordinates used in the descriptions of zone boundaries are
				referenced to the North American Datum of 1983 (NAD83_2011) using the Florida
				GDL Albers projection. Access to the NO ENTRY zone designated in paragraph
				(2)(a)2., will be provided in accordance with procedures set forth in
				subsection (4), hereunder, and applicable provisions of Rule
				68C-22.003, F.A.C.
(a) NO ENTRY -
1. Henderson Creek/Enchanting Shores area:
				All waters of the basin and canal adjacent to the Enchanting Shores Trailer
				Park, east of a line bearing 20° beginning at a point (approximate latitude
				26° 02' 58.2" N, approximate longitude 81° 41' 14.6" W) on the southern
				shoreline of the canal approximately fifty (50) feet east of where the canal
				flows into Henderson Creek; and,
2.
				Faka Union Canal area: All waters of the basins, canals, and associated waters
				of the warm water manatee refuge oxbow west of and adjacent to the Faka Union
				Canal, south of an east-west line 745' south and north of east-west line 2200'
				south of the southernmost east-west canal of Port of the
				Islands.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.026 - Sarasota County Zones

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission hereby designates the waters within Sarasota County (and a small
				portion of Charlotte County), as described below, as areas where manatee
				sightings are frequent and where the best available information supports the
				conclusion that manatees inhabit these areas on a regular or periodic basis.
				The primary purpose of this rule is to protect manatees from harmful collisions
				with motorboats and from harassment by establishing safe havens and regulating
				the speed and operation of motorboats within these designated areas. A
				secondary purpose is to protect manatee habitat.
(a) In consideration of balancing the rights
				of fishers, boaters, and water skiers to use the waters of the state for
				recreational and commercial purposes (as applicable under Section
				379.2431(2)(k),
				F.S.), with the need to provide manatee protection, the Commission has examined
				the need for limited lanes, corridors, or unregulated areas that allow higher
				speeds through or within regulated areas. Such lanes, corridors, or areas are
				provided in those locations where the Commission determined they are consistent
				with manatee protection needs. Access to the NO ENTRY zones designated
				hereunder will be provided in accordance with the procedures set forth in Rule
				68C-22.003, F.A.C.
(b) All zones include all associated and
				navigable tributaries, lakes, creeks, coves, bends, backwaters, canals,
				channels and boat basins, and other waterways unless otherwise designated or
				excluded. Coordinates used in the descriptions of zone boundaries are
				referenced to the North American Datum of 1983 (NAD83).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.028 - Flagler County Zones

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The Commission hereby designates the
				waters within Flagler County, as described below, as areas where manatee
				sightings are frequent and where the best available information supports the
				conclusion that manatees inhabit these areas on a regular or periodic basis.
				The primary purpose of this rule is to protect manatees from harmful collisions
				with motorboats and from harassment by regulating the speed and operation of
				motorboats within these designated areas. A secondary purpose is to protect
				manatee habitat.
(b) In
				consideration of balancing the rights of fishers, boaters, and water skiers to
				use the waters of the state for recreational and commercial purposes (as
				applicable under Section
				379.2431(2)(k),
				F.S.), with the need to provide manatee protection, the Commission has examined
				the need for limited lanes, corridors, or unregulated areas that allow higher
				speeds through or within regulated areas. Such lanes, corridors, or areas are
				provided in those locations where the Commission determined they are consistent
				with manatee protection needs.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68C-22 - THE FLORIDA MANATEE SANCTUARY ACT › Section 68C-22.029 - Cape Canaveral Energy Center Interim Warm-water Refuge Zone

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule creates a seasonal "No Entry
				Zone" as defined in subsection
				68C-22.002(11),
				F.A.C., to protect manatees at the Florida Power & Light (FPL) Cape
				Canaveral Energy Center Interim-Warm Water Refuge. The No Entry Zone will
				protect manatees from harm and disturbance by regulating access to and
				operation within this designated warm-water area. The No Entry Zone will also
				protect manatees from harmful collisions and harassment during response
				operations associated with a manatee Unusual Mortality Event. The No Entry Zone
				shall be in place each year from November 15 to March 31. This No Entry Zone is
				established in areas south of the FPL Cape Canaveral Energy Center jetty as
				follows:
(a) All waters south of the FPL Cape
				Canaveral Energy Center jetty, west of a line beginning at the southeasternmost
				point of the jetty (latitude 28º 28' 07" N, longitude 80 45' 18" W) and
				running 180º of said jetty point south by 200 meters (latitude 28º
				28' 01" N, longitude 80º 45' 18" W), those waters north of an east-west
				709 meter line, ending at the shoreline terminus at Mullet Court Road (latitude
				28º 28' 01" North, longitude 80º 45' 02" West), and those waters east
				of the general westernmost shoreline of the Indian River, excluding those
				waters west of the north-south over-water foot bridge structure of the FPL
				intake canal.
(b) The Coordinates
				used in the description of the zone boundaries are referenced to the North
				American Datum of 1983 (NAD83_2011) using the Florida GDL Albers projection.
				Access to the No Entry Zone designated in paragraph (1)(a) will be provided in
				accordance with procedures set forth in subsection (2).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68C - Manatees › Chapter 68CER22 - EMERGENCY RULE FOR YEAR 2022 › Section 68CER22-1 - Manatee Protection Zone for FPL Cape Canaveral Energy Center in Brevard County

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope. This
				emergency rule creates a temporary "No Entry Zone" as defined in
				68C-22.002(11)
				to protect manatees from harmful collisions and harassment during field
				operations due to an Unusual Mortality Event. A temporary "No Entry Zone" is
				established in areas south of the FPL Cape Canaveral Energy Center jetty as
				follows:
(a) All waters south of the FPL Cape
				Canaveral Energy Center jetty, west of a line beginning at the southeasternmost
				point of the jetty (latitude 28º 28' 07" N, longitude 80 45' 18" W) and
				running 180º of said jetty point south by 200 meters (latitude 28º
				28' 01" N, longitude 80º 45' 18" W), those waters north of an east-west
				709 meter line, ending at the shoreline terminus at Mullet Court Road (latitude
				28º 28' 01" North, longitude 80º 45' 02" West), and those waters east
				of the general western most shoreline of the Indian River, excluding those
				waters west of the north-south over-water foot bridge structure of the FPL
				intake canal.
(b) The Coordinates
				used in the description of the zone boundaries are referenced to the North
				American Datum of 1983 (NAD83_2011) using the Florida GDL Albers projection.
				Access to the No Entry Zone designated in paragraph (2)(a) will be provided in
				accordance with procedures set forth in subsection (3).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-14 - ANCHORING › Section 68D-14.001 - Scope and Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish designated
				  anchoring areas within Monroe County and the maximum allowable vessel draft for
				  each area, as identified in each respective drawing, to help prevent grounding
				  or stranding pursuant to section
				  327.4108, F.S.
Rulemaking Authority
					 327.04,
					 327.4108(3)(b)
					 FS. Law Implemented 327.4108
					 FS.
New 10-3-23.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-14 - ANCHORING › Section 68D-14.003 - Maximum Vessel Draft for Monroe County Designated Anchoring Limitation Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) The following
				maximum vessel draft is established for each Monroe County Designated Anchoring
				Limitation Area
(a) The maximum vessel draft
				for Fleming Key Anchoring Limitation Area is 6 feet.
(b) The maximum vessel draft for Sigsbee
				Anchoring Limitation Area is 6 feet.
(c) The maximum vessel draft for Garrison
				Bight Flats Anchoring Limitation Area is 2 feet.
(d) The maximum vessel draft for Cow Key
				Channel Anchoring Limitation Area is 2 feet (West and East).
(e) The maximum vessel draft for Niles
				Channel Anchoring Limitation Area is 6 feet
(f) The maximum vessel draft for Bahia Honda
				Channel Anchoring Limitation Area is 6 feet.
(g) The maximum vessel draft for Boot Key
				Anchoring Limitation Area is 6 feet.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-14 - ANCHORING › Section 68D-14.004 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Vessels anchored on the waters of Monroe
				County within 10 linear nautical miles of a public mooring field or a
				designated anchoring area for more than 90 days without pulling anchor and
				relocating to a new location no less than one-half linear mile away or which
				are found to have re-anchored in an originating designated anchoring area after
				less than 90 days will be subject to citation and possible removal and vessel
				impoundment as set forth in subsection (6)(c), (d), (e), (f), and (g) of
				section 327.4108, F.S.
(2) Penalties for violations are as follows:
(a) First offense, up to a maximum of
				$100.
(b) Second offense, up to a
				maximum of $250.
(c) Third offense,
				up to a maximum of $500.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-15 - VESSELS AT RISK OF BECOMING DERELICT › Section 68D-15.002 - Effective Means of Propulsion for Safe Navigation

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions. As used herein, the term:
(a) "Barge" means a vessel that does not have
				living quarters, is not propelled by its own power, and is designed to be
				pushed or pulled by another vessel.
(b) "Safe navigation" means the ability of a
				vessel operator to make headway, properly steering the vessel on a
				predetermined course without substantial risk of injury or damage to other
				persons, vessels, or property solely from the vessel's operation.
(c) "Sailboat" means a vessel whose sole
				source of propulsion is the wind.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-15 - VESSELS AT RISK OF BECOMING DERELICT › Section 68D-15.003 - Vessel Turn In Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				statutory authority granted to the Commission in Section
				327.4107, F.S., the Commission
				hereby establishes the Vessel Turn-In Program (VTIP), as part of a derelict
				vessel prevention program. The VTIP program will be administered by the
				Commission to allow a vessel owner whose vessel has been determined by law
				enforcement to be at risk of becoming derelict, as provided in Section
				327.4107, F.S., to turn his or
				her vessel title over to the Commission so the vessel can be destroyed and
				disposed of without penalty or cost to the owner. The VTIP program will be
				subject to appropriation and availability of funding.
(2) FWC Vessel Turn-In Program (VTIP)
				Guidelines (7/2022), which govern the VTIP program, are hereby incorporated by
				reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14653
.
				In order to be considered for eligibility to participate in the VTIP program,
				prospective participants must submit a Vessel-Turn In Program (VTIP)
				Application, form FWCDLE_192 (7/2022), which is hereby incorporated by
				reference and which is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14654
,
				as well as a Vessel Turn-In Program Waiver and Release, form FWCDLE_193
				(7/2022), which is hereby incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14655
.
				Once an applicant has been determined to be pre-eligible in accordance with the
				program guidelines, he or she will receive the Notice of Pre-Eligibility for
				VTIP Program and Instructions for Delivery of Junked Title, form FWCDLE_194
				(7/2022), which is hereby incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-14656
.
Rulemaking Authority
					 327.04,
					 327.4107(7) FS.
					 Law Implemented 327.4107(7)
					 FS.
New 9-12-22.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-16 - DERELICT VESSELS › Section 68D-16.029 - Derelict Vessel Removal Grant Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 206.606,
					 376.15 FS. Law Implemented
					 206.606,
					 376.15,
					 823.11
					 FS.
New 11-11-85, Formerly 16N-16.29, Amended 5-20-86, Formerly
					 16N-16.029, 62N-16.029, Amended 7-6-08, Repealed
					 12-3-08.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-17 - VESSEL SAFEY › Section 68D-17.001 - Vessel Safety Inspection Decal Design and Expiration

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to paragraph
				327.70(2),
				F.S., the Commission shall create and issue a new vessel safety inspection
				decal each calendar year, which shall be valid from the date of issuance
				through December 31 of the calendar year.
(2) Each vessel safety inspection decal shall
				adhere to the following criteria:
(a) Be
				circular in shape with a diameter no less than 3 inches and no larger than 6
				inches;
(b) Be a contrasting color
				from the previously issued decal; and
(c) Prominently display the words, "Safety
				Inspection Decal, " and the expiration date of the
				decal.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-18 - FLORIDA INTRACOASTAL WATERWAY MARKERS › Section 68D-18.004 - Special Purpose Marker Buoys (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 327.04,
					 327.40,
					 327.41 FS. Law Implemented
					 327.40,
					 327.41 FS., ch. 72-55, Laws of
					 Florida.
New 10-20-72, Readopted 9-30-75, Formerly 16B-18.04,
					 16N-18.04, 16N-18.004, 62N-18.004, Repealed
					 11-11-10.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-18 - FLORIDA INTRACOASTAL WATERWAY MARKERS › Section 68D-18.005 - Restricted Areas (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 327.04,
					 327.40,
					 341.41 FS. Law Implemented
					 327.40,
					 327.41 FS., ch. 72-55, Laws of
					 Florida.
New 10-20-72, Readopted 9-30-75, Formerly 16B-18.05,
					 16N-18.05, 16N-18.005, 62N-18.005, Repealed
					 11-11-10.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-21 - APPROVAL OF LOCAL ORDINANCES ESTABLISHING BOATING-RESTRICTED AREAS › Section 68D-21.002 - Procedures for Reviewing Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon receipt of all statements and other
				documents specified above, the Boating and Waterways Section will determine
				whether or not the application is complete.
(a) If the application is not substantially
				complete or has not been completed substantially correctly, the Boating and
				Waterways Section will within 30 days of receipt return it to the applicant
				with a statement of the items that are missing or that must be
				corrected.
(b) If the application
				is substantially complete and only minor additions or corrections are required,
				the Boating and Waterways Section will within 30 days following receipt notify
				the applicant of the apparent errors or omissions and request the required
				additional or corrected information. If the requested additional or corrected
				information is not received within 30 days, the Boating and Waterways Section
				will return the application to the applicant with a statement of the items that
				are missing or that must be corrected.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-21 - APPROVAL OF LOCAL ORDINANCES ESTABLISHING BOATING-RESTRICTED AREAS › Section 68D-21.003 - Procedures for Providing for Public Notice and Participation

Current through Reg. 50, No. 138; July 16, 2024
(1) Public Notice. The Boating and Waterways
				Section will provide notice of complete applications received, public meetings
				or hearing concerning applications, and denial or approval of applications: on
				the Boating and Waterways Section's web page at
http://www.myfwc.com/boating
and to all parties listed in the "Boating and Waterways Section's Public
				Distribution List - Ordinances" in which any member of the public may join by a
				request to the mailing or email address found below in paragraph
				68D-21.003(2)(a),
				F.A.C.
(2) Public Participation.
(a) Members of the public may provide written
				comments, recommendations, requests, inquiries, or other correspondence to the
				Boating and Waterways Section at 620 South Meridian Street, Tallahassee, FL
				32399-1600; or by email at waterway.management@myfwc.com. Any attachments to
				emails must be in one or more of the following file formats, as appropriate:
				Microsoft Word Document (.doc or .docx); Rich Text File (.rtf); Portable
				Document Format (.pdf); Joint Photographic Experts Group format (.jpg or
				.jpeg); or Tagged Image File Format (.tif or .tiff).
(b) If a public hearing is requested under
				subparagraph 68D-21.002(3)(d)
				3., F.A.C., or review by the agency head is requested under subsection
				68D-21.002(5),
				F.A.C., members of the public may:
1. Testify
				at the hearing or Commission meeting,
2. Submit relevant and material exhibits to
				the record of the proceeding.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-21 - APPROVAL OF LOCAL ORDINANCES ESTABLISHING BOATING-RESTRICTED AREAS › Section 68D-21.004 - Criteria for Approval of Ordinances

Current through Reg. 50, No. 138; July 16, 2024
(1) Any ordinance submitted pursuant to
				Section 327.46(1)(c),
				F.S., and in compliance with Chapter 68D-21, F.A.C., is subject to review and
				approval by the Commission.
(2) An
				ordinance establishing either an "idle speed, no wake" or a "slow speed,
				minimum wake" boating restricted area will be approved for areas not more than
				300 feet from a confluence (intersection) 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.
(a) A blind corner is
				presented where an intervening obstruction to visibility prevents the operator
				of a vessel on one of the water bodies from seeing a vessel on the other water
				body at a distance of 300 feet or less from the confluence.
(b) A bend or other intervening obstruction
				to visibility in a narrow channel, fairway, or other similar water body within
				the meaning of Inland Navigation Rule 9 (33 U.S.C. §2009) as adopted by
				Section 327.33, F.S., is presented where
				a decision sight distance of less than 300 feet exists and prevents the
				operator of a vessel from seeing other vessels or other users of the
				waterway.
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-23.101 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter is consistent with and
				conforms to 33 C.F.R. part 62 - The navigable waters of the United States and
				non-navigable State waters (which together include all waters of this state),
				are marked to assist navigation using the United States Aids to Navigation
				System, a system consistent with the International Association of Lighthouse
				Authorities (IALA) Maritime Buoyage System. The IALA Maritime Buoyage System is
				followed by most of the world's maritime nations and will improve maritime
				safety by encouraging conformity with buoyage systems used worldwide.
(2) It is the intent of this chapter:
(a) To provide for uniformity in design,
				construction and coloring of markers so that all vessel operators may readily
				recognize, identify and distinguish between authorized markers and unlawfully
				placed markers;
(b) To provide a
				means by which the Fish and Wildlife Conservation Commission and its officers
				and all other law enforcement officers charged with the enforcement of this
				chapter may determine with reasonable certainty which boating restricted areas
				are lawfully established and marked;
(c) To insure that regulatory markers
				noticing boating restricted areas created pursuant to Sections
				327.46 and
				379.2431, F.S., are authorized
				only for the purposes of protecting human life and limb, vessel traffic safety
				and maritime property, and manatees.
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-23.102 - Scope

Current through Reg. 50, No. 138; July 16, 2024
The provisions of this chapter prescribe the procedures by
				  which the Division of Law Enforcement's Boating and Waterways Section permits
				  and regulates the placement of markers in, on, and over the waters of this
				  state and the shores thereof. This chapter also provides for the design,
				  characteristics and coloring, construction, placement, and maintenance of all
				  markers placed in, on, and over the waters of this state and the shores thereof
				  by adopting by reference the United States Aids to Navigation System, Part 62
				  of Title 33 of the Code of Federal Regulations, and the United States Coast
				  Guard's manuals pertaining to aids to navigation and other waterway
				  markers.
Rulemaking Authority
					 327.40,
					 327.41 FS. Law Implemented
					 327.40,
					 327.41
					 FS.
New 12-23-01, Amended
					 10-6-10.
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-23.103 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this chapter and Chapters 68C-22 and 68D-24,
				  F.A.C., the following definitions shall apply:
(1) Types of markers:
(a) "Aid to navigation" means a device
				external to a vessel intended to assist an operator in determining position or
				safe course, or to warn of dangers or obstructions to navigation.
(b) "Information marker" means a device
				external to a vessel intended to provide an operator with information
				concerning matters other than dangers or obstructions to navigation, or
				regulatory matters.
(c) "Danger
				marker" means a device external to the vessel intended to provide an operator
				with information concerning dangers or obstructions to navigation such as
				shoals, shallows, rocks, submerged pipes or cables, dams, or low clearance
				obstructions above the water such as power lines, trestles, or
				bridges.
(d) "Regulatory marker"
				means a device used to alert an operator to various regulatory matters such as
				horsepower, speed, wake, anchorages, or entry restrictions.
(e) "Special mark" means a marker not
				primarily intended to assist safe navigation, but to indicate special areas or
				features referred to in charts or other nautical publications. They may be
				used, for example, to mark mooring fields, park boundaries, cable or pipeline
				areas, marine events, etc. Special marks are colored solid yellow.
(f) "Mooring buoy" means a device that is
				permanently secured to the bottom of a body of water and to which a vessel may
				be secured when not underway.
(g)
				"Buoy" means a device designed to float which is anchored in the waters of the
				state and which is used to convey a message, carry a sign, or support a mooring
				pennant.
(h) "Sign" means a device
				which displays a message and which is attached to another object such as a
				piling, buoy, structure, or shore.
(i) "Symbol" means the orange geometric shape
				displayed on a danger, information, or regulatory marker. The meanings
				associated with the orange geometric shapes are as follows:
1. A vertical open-faced diamond signifies
				danger,
2. A vertical diamond shape
				having a cross centered within indicates that all vessels or certain classes of
				vessels are excluded from the marked area,
3. A circular shape indicates that certain
				operating restrictions are in effect within the marked area; and,
4. A square or rectangular shape will contain
				directions or instructions lettered within the shape.
(j) "Display area" means the area on a
				danger, information or regulatory marker within which the symbol is
				displayed.
(k) "Piling" means a
				device constructed of sufficient sturdiness (such as concrete, steel, wood, or
				composite material) embedded in the sea floor or shoreline for the purpose of
				displaying and/or supporting a sign.
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-23.104 - Permits Required; Application for Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Except as provided in subsection
				68D-23.112(4),
				F.A.C., no person, municipality, county or other governmental entity shall
				place, cause to be placed, or maintain in place any marker in, on or over the
				waters of the state or the shores thereof without a permit from the Boating and
				Waterways Section.
(2) Any person,
				municipality, county, or other governmental entity desiring to place a marker
				shall apply to the Boating and Waterways Section on the Florida Uniform
				Waterway Marker Application form, FWCDLE 153 (07/2010), which is adopted and
				incorporated herein by reference. Application forms may be obtained by
				submitting a request to: Florida Fish and Wildlife Conservation Commission,
				Division of Law Enforcement, Boating and Waterways Section, 620 South Meridian
				Street, Tallahassee, Florida 32399-1600 or waterway.management@myfwc.com or by
				downloading the application from the Commission website at:
				https://www.myfwc.com/boating/waterways/markers. Each application must include:
(a) One or more scale drawings no larger than
				8 1/2 inches by 11 inches, reproducible on standard office photocopying
				equipment, showing the intended locations for the placement of all proposed
				markers with each proposed marker labeled to correspond to the list required in
				paragraph (b), below.
1. If the application
				is for regulatory markers, the drawing must also depict the exact boundaries of
				the area within which regulation or restriction is to be in effect.
2. If the application is for the following
				markers the drawing must also depict:
a. The
				location of the danger, hazard to navigation, or obstruction if the application
				is for a danger marker, isolated danger mark, or inland waters obstruction
				mark.
b. Water depths within and
				adjacent to the area being marked if the application is for lateral marks,
				preferred channel marks, or safe water marks.
c. The location and boundaries of the
				anchorage, mooring field, park, cable or pipeline area, marine event, or other
				special area or feature for which the markers are proposed if the application
				is for special marks.
d. Any
				information needed to identify and support the proposed information
				marker.
3. If the
				application is for mooring buoys of any type, the drawing must also depict the
				watch circle and water depth for each mooring and any channels or fairways
				within 500 feet of the proposed mooring buoys.
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-23.105 - Criteria for Approval of Markers

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Upon receipt of a completed application, the Boating and Waterways Section will
				determine:
(a) For all markers, whether or
				not:
1. The proposed markers conform to the
				United States Aids to Navigation System and this chapter.
2. The proposed markers, if placed in the
				proposed locations, would create an unreasonable hazard to
				navigation.
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-23.107 - Federal System Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following are adopted and incorporated by reference:
(a) The United States Aids to Navigation
				System, Part 62 of Title 33 of the Code of Federal Regulations (April 1,
				2010);
(b) The United States Coast
				Guard Aids to Navigation Manual - Administration (COMDTINST M16500.7A, March 2,
				2005);
(c) The United States Coast
				Guard Aids to Navigation Manual - Technical (COMDTINST M16500.3A, February 11,
				2005).
(d) The United States Coast
				Guard Aids to Navigation Manual - Structures (COMDTINST M16500.25, November 7,
				2005).
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-23.109 - Additional Specifications for Information, Danger, and Regulatory Markers

Current through Reg. 50, No. 138; July 16, 2024
(1) All information, danger, and regulatory
				markers shall be white in color and shall display international orange
				symbols.
(2) When a buoy is used as
				an information, danger, or regulatory marker, it shall be white with horizontal
				bands of international orange placed completely around the circumference of the
				buoy. One band shall be at the top of the buoy body, the second band shall be
				placed sufficiently just above the waterline so that both international orange
				bands are clearly visible to approaching vessels. The international orange
				bands shall be not less than two inches in width. The display area shall be
				that portion of the buoy body between the bands and shall be white. Symbols
				shall be centered between the international orange bands. Only a cylindrical
				buoy may be used. The buoy shall have a diameter of not less than nine
				inches.
(3) When a sign is used for
				an information, danger, or regulatory marker it must be white with an
				international orange border. The display area is that portion of the sign
				within the border. Symbols must be centered within the display area for danger
				and regulatory markers. When a sign is used for information markers, the
				international orange border shall serve as the symbol and no additional symbol
				shall be displayed.. The size of the sign must be appropriate to the size of
				the waterway where the sign is located and the nature of the vessels transiting
				the waterway, however, no such sign shall be smaller than three feet by three
				feet.
(a) Information or regulatory marker
				signs shall be rectangular or square. Florida Fish and Wildlife Conservation
				Commission will review and approve applications, on a case-by-case basis, which
				request smaller informational signs if evidence is submitted demonstrating why
				a smaller sign is needed and/or is more appropriate due to the size of the
				waterway, sign location, and/or the nature of the vessels transiting the
				waterway. Applications may be obtained as set forth in Rule
				68D-23.104, F.A.C.
(b) Danger marker signs shall be rectangular,
				square, or diamond-shaped (a square sign rotated 45 degrees so that one corner
				is pointed straight down). If a diamond-shaped sign is used, the international
				orange border shall serve as the vertical open-faced diamond symbol and no
				additional symbol shall be displayed.
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-23.110 - Inspections and Certification

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				person holding a permit to place and maintain one or more markers must inspect
				all markers for which the permit was issued triennially (every three
				years).
(2) The required inspection
				must be documented in writing and must include the following:
(a) The name of the permit holder and permit
				number of the markers being inspected;
(b) The name of the person or persons
				currently responsible for the placement and maintenance of the markers; and,
(c) A photograph of each marker
				taken in close enough proximity to legibly show all symbols, borders, and
				letters and numbers, including the text of any message, the permit number, and
				the ordinance number, code section number, statute number, regulation or rule
				number, (etc.). For marker installations with two or more signs, a sufficient
				number of photographs must be taken to legibly show the information on each
				sign. Digital photography is acceptable for this purpose. Photographs must be
				labeled with the location of the marker depicted and the date the photograph
				was taken.
(d) A statement
				certifying that the markers placed pursuant to the permit have been inspected
				during the ninety days preceding the statement and that:
1. The markers are properly maintained and in
				serviceable condition,
2. The
				markers conform to the requirements of this chapter,
3. The markers are still properly on station;
				and,
4. The date or dates on which
				the markers were inspected.
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-23.111 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
This chapter shall be enforced by the division and its
				  officers, the sheriffs of the various counties and their deputies, municipal
				  police officers, and any other law enforcement officer as defined in Section
				  943.10, F.S., as provided in
				  Section 327.70, F.S., all of whom shall
				  have the authority to remove or cause the removal of any marker found to be in
				  violation of this chapter.
Rulemaking Authority
					 327.40,
					 327.41 FS. Law Implemented
					 327.22,
					 327.40,
					 327.41,
					 327.46,
					 327.60,
					 327.70,
					 379.2431
					 FS.
New 12-23-01, Amended
					 10-6-10.
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-23.112 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Nothing herein shall apply to the United
				States Government or its agencies, nor to any aid to navigation, marker,
				mooring buoy, or other similar device placed thereby.
(2) Persons establishing private aids to
				navigation other than regulatory markers and mooring buoys on waters of
				concurrent state/federal jurisdiction pursuant to the provisions of 33 CFR
				§66.01 may submit to the Boating and Waterways Section a copy of their
				United States Coast Guard permit (CG-2554) in lieu of the materials required
				under Rule 68D-23.104, F.A.C. Upon receipt
				by this section of said copy of their permit, such private aids to navigation
				are exempt from further permitting and need not display a permit
				number.
(3) Every regulatory marker
				without a properly displayed permit number, in place in, on or over the waters
				of the state or shores thereof is declared a nuisance. The division and its
				officers and all other law enforcement officers charged with the enforcement of
				Chapter 327, F.S., have the authority to remove or cause the removal of any
				unpermitted regulatory marker. Markers authorized by the former Florida
				Department of Natural Resources prior to January 1, 1988, for which no permit
				number was assigned shall be issued a permit number upon receipt by the Boating
				and Waterways Section of the following:
(a) A
				copy of the correspondence authorizing placement of said markers;
(b) A statement of the specifications for the
				markers, including:
1. A list of the markers,
2. A description giving each
				marker's size and message,
3. The
				latitude and longitude coordinates in degrees and decimal minutes of the
				location of each marker and the datum in which those coordinates are expressed,
4. A statement that the markers
				have been inspected during the ninety days preceding the instant request and
				that:
a. The markers are properly maintained
				and in serviceable condition,
b.
				The markers conform to the requirements of this chapter,
c. The markers are still properly on station;
				and,
d. The date or dates on which
				the markers were inspected.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68D - Vessel Registration and Boating Safety › Chapter 68D-24 - BOATING RESTRICTED AREAS › Section 68D-24.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in these rules, the following words shall have the
				  indicated meanings unless the context clearly indicates otherwise:
(1) Slow Speed Minimum Wake and Slow Down
				Minimum Wake indicate a boating restricted area which has been established to
				protect the safety of the public. Slow Speed Minimum Wake and Slow Down Minimum
				Wake means that a vessel must be fully off plane and completely settled into
				the water. It may not proceed at a speed greater than that speed which is
				reasonable and prudent to avoid the creation of an excessive wake or other
				hazardous condition under the existing circumstances. A vessel that is:
(a) Operating on a plane is not proceeding at
				slow speed minimum wake;
(b) In the
				process of coming off plane and settling into the water or coming up onto plane
				is not proceeding at slow speed minimum wake;
(c) Operating at a speed that creates a wake
				which unreasonably or unnecessarily endangers other vessels is not proceeding
				at slow speed minimum wake;
(d)
				Completely off plane and which has fully settled into the water and is
				proceeding without wake or with minimum wake is proceeding at slow speed
				minimum wake. Slow speed minimum wake is the preferred term. Slow Down Minimum
				Wake may continue to be used except when such a restricted area is contiguous
				to an Idle Speed No Wake boating restricted area.