Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2536
       
       
       
       
       
       
                                Barcode 514466                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Judiciary (Constantine) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1578 - 1631
    4  and insert:
    5         is directed to establish a pilot program to explore
    6  potential options for regulating the anchoring or mooring of
    7  non-live-aboard vessels outside the marked boundaries of public
    8  mooring fields.
    9         (1) The goals of the pilot program are to encourage the
   10  establishment of additional public mooring fields and to develop
   11  and test policies and regulatory regimes that:
   12         (a) Promote the establishment and use of public mooring
   13  fields.
   14         (b) Promote public access to the waters of this state.
   15         (c) Enhance navigational safety.
   16         (d) Protect maritime infrastructure.
   17         (e) Protect the marine environment.
   18         (f) Deter improperly stored, abandoned, or derelict
   19  vessels.
   20         (2) Each location selected for inclusion in the pilot
   21  program must be associated with a properly permitted mooring
   22  field. The commission, in consultation with the department,
   23  shall select all locations for the pilot program prior to July
   24  1, 2011. Two locations shall be off the east coast of Florida,
   25  two locations shall be off the west coast of Florida, and one
   26  location shall be within Monroe County. The locations selected
   27  must be geographically diverse and take into consideration the
   28  various users and means of using the waters of this state.
   29         (3) Notwithstanding the provisions of s. 327.60, Florida
   30  Statutes, a county or municipality selected for participation in
   31  the pilot program may regulate by ordinance the anchoring of
   32  vessels, other than live-aboard vessels as defined in s. 327.02,
   33  Florida Statutes, outside of a mooring field. Any ordinance
   34  enacted under the pilot program shall take effect and become
   35  enforceable only after approval by the commission. The
   36  commission shall not approve any ordinance not consistent with
   37  the goals of the pilot program.
   38         (4) The commission shall:
   39         (a) Provide consultation and technical assistance to each
   40  municipality or county selected for participation in the pilot
   41  program to facilitate accomplishment of the pilot program’s
   42  goals.
   43         (b) Coordinate the review of any proposed ordinance with
   44  the department; the Coast Guard; the Florida Inland Navigation
   45  District or the West Coast Inland Navigation District, as
   46  appropriate; and associations or other organizations
   47  representing vessel owners or operators.
   48         (c) Monitor and evaluate at least annually each location
   49  selected for participation in the pilot program and make such
   50  modifications as may be necessary to accomplish the pilot
   51  program’s goals.
   52         (5) The commission shall submit a report of its findings
   53  and recommendations to the Governor, the President of the
   54  Senate, and the Speaker of the House of Representatives by
   55  January 1, 2014.
   56         (6) The pilot program shall expire on July 1, 2014, unless
   57  reenacted by the Legislature. All ordinances enacted under this
   58  section shall expire concurrently with the expiration of the
   59  pilot program and shall be inoperative and unenforceable
   60  thereafter.
   61         (7) Nothing in this section shall be construed to affect
   62  any mooring field authorized pursuant to s. 327.40, part IV of
   63  chapter 373, and s. 253.77, as applicable, or any lawful
   64  ordinance regulating the anchoring of any vessels within the
   65  marked boundaries of such mooring fields.
   66  
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69         And the title is amended as follows:
   70         Delete line 176
   71  and insert:
   72         providing geographic regions for the pilot project;
   73  specifying the goals of the pilot program; providing