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Florida Administrative Code (Last Updated: October 28, 2024) |
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68. Fish and Wildlife Conservation Commission |
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68D. Vessel Registration and Boating Safety |
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68D-21. Approval Of Local Ordinances Establishing Boating-Restricted Areas |
1(1) The Boating and Waterways Section shall notice the applicant within 30 days as to whether the application is complete or what information is needed to complete the application.
30(2) The Boating and Waterways Section will review and act upon a complete application within 90 days of receipt as follows:
51(a) The Boating and Waterways Section will determine whether each boating-restricted area created in the ordinance is authorized under Section 71327.46(1)(c), F.S. 73As provided in subsection 7768D-21.001(1), 78F.A.C., approval is not required for ordinances unless a boating-restricted area set forth therein is authorized under Section 96327.46(1)(b), F.S. 98Where the ordinance includes boating restricted areas under both 107327.46(1)(b) 108and (c) F.S., the Commission will only review those that are being created pursuant to subsection (c).
125(b) The Boating and Waterways Section will determine whether the required consultation and coordination set forth in Rule 14368D-21.001(3)(f) 144above has taken place.
148(c) The Boating and Waterways Section will review the application and appendix submitted to determine whether competent, substantial evidence exists pursuant to the criteria set forth in Rule 17668D-21.004, 177F.A.C.
178(d) No ordinance establishing a boating restricted area 186will be approved for the purpose of noise abatement or for the protection of shoreline, shore-based structures, or upland property from vessel wake or shoreline wash. As provided in Section 216327.33(2), F.S., 218“vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property.” The wake resulting from the reasonable and prudent operation of a vessel is a force which should be anticipated by the owners of property adjacent to the navigable waters of this state.
275(3) The Boating and Waterways Section will issue a determination approving or denying the application. The Boating and Waterways Section will provide notice as provided in Rule 30268D-21.003, 303F.A.C
304Rulemaking Authority 306327.04, 307327.46 FS. 309Law Implemented 311327.46 FS. 313History–New 10-6-10, Amended 9-10-24.
