68D-21.001. Requirements for Applications

(1) Approval by the Florida Fish and Wildlife Conservation Commission is not required for ordinances adopted pursuant to Section 327.46(1)(b), F.S. Regulatory markers necessary for implementing those ordinances must be permitted as required in Sections 327.40 and 327.41, F.S., and as provided in Chapter 68D-23, F.A.C.

(2) Any municipality or county application for approval of an ordinance establishing a boating-restricted area pursuant to Section 327.46(1)(c), F.S., must be submitted to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, Boating and Waterways Section.

(3) Each application must include:

(a) The name of the applicant municipality or county.

(b) The name, mailing address, telephone number, and any email address or facsimile number of the applicant’s:

1. Primary contact person; and,

2. Attorney or qualified representative.

(c) A certified copy of the adopted ordinance for which approval is sought, including proof that the applicant has followed the required procedures for ordinance notice and adoption as set forth in Ch.166, F.S. A county or municipality may submit a draft ordinance for informal agency review and discussion prior to adoption.

(d) A statement identifying the provision within Section 327.46(1)(c), F.S., which authorizes regulation of vessel speed or operation being proposed by the ordinance.

(e) One or more scaled drawings no larger than 8 1/2 inches by 11 inches, reproducible in black and white on standard office photocopying equipment which clearly show the following:

1. The jurisdictional boundaries of the municipality or county enacting the ordinance and, for county ordinances, the jurisdictional boundaries of any municipality in which a boating-restricted area is located.

2. The exact boundaries of each boating-restricted area established by the ordinance and the restrictions on vessel operation imposed within each boating-restricted area.

3. Any other known boating-restricted area (federal, state, county, other municipality, etc.) located within 2,500 feet of any boating-restricted area established by the ordinance.

(f) Documentation that the ordinance was developed, prior to presenting language for adoption, in consultation and coordination with:

1. The governing body of every other county or municipality sharing jurisdiction over the area in which the boating-restricted area is located.

2. The United States Coast Guard if the boating-restricted area is to be established on navigable waters of the United States as defined in 33 C.F.R. §2.36(a) (2009), which is adopted by reference and is available at http://www.gpoaccess.gov/cfr/index.html.

3. The United States Army Corps of Engineers if the boating-restricted area is to be established on navigable waters of the United States as defined in 33 C.F.R. §329.4 (2009), which is adopted by reference and is available at http://www.gpoaccess.gov/cfr/index.html.

(g) Identification of the provision under section 327.46(1)(c)1. through 3., F.S. on which the county or municipality is seeking to establish the proposed boating restricted area.

(h) A summary of the facts and circumstances the applicant contends justifies the establishment of the restriction on speed or operation and a list of the evidence in support of that contention the applicant desires for the agency to review.

(i) An appendix containing all evidence listed in paragraph (h) above.

(4) Complete applications may be submitted by mail to the Fish and Wildlife Conservation Commission, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, FL 32399-1600, or by email as a Portable Document Format (.pdf) file to [e-mail].

Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS. History–New 10-6-10, Amended 11-10-21, 9-10-24.