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Florida Statute 327.40 | Lawyer Caselaw & Research
F.S. 327.40 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 327.40

The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS
Chapter 327
VESSEL SAFETY
View Entire Chapter
F.S. 327.40
327.40 Uniform waterway markers.
(1) Waters of this state shall be marked only in conformity with the United States Aids to Navigation System, 33 C.F.R. part 62.
(2)(a) Application for marking inland lakes and state waters and any navigable waters under concurrent jurisdiction of the Coast Guard and the division shall be made to the division, accompanied by a map locating the approximate placement of markers, a list of the markers to be placed, a statement of the specification of the markers, a statement of the purpose of marking, and the names of persons responsible for the placement and upkeep of such markers. The division will assist the applicant to secure the proper permission from the Coast Guard where required, make such investigations as needed, and issue a permit. The division shall furnish the applicant with the information concerning the system adopted and the rules existing for placing and maintaining the markers. The division shall keep records of all approvals given and counsel with individuals, counties, municipalities, motorboat clubs, or other groups desiring to mark waterways for safety and navigation purposes in Florida.
(b)1. No person or municipality, county, or other governmental entity shall place any uniform waterway marker in, on, or over the waters or shores of the state without a permit from the division.
2. The placement of information markers by counties, municipalities, or other governmental entities on inland lakes and their associated canals are exempt from permitting under this section.
(c) The commission is authorized to adopt rules pursuant to chapter 120 to implement this section.
(3) The placement under this section or s. 327.41 of any uniform waterway marker on state submerged lands does not subject such lands to the lease requirements of chapter 253.
History.s. 6, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 4, ch. 90-219; s. 14, ch. 2000-362; s. 1, ch. 2005-217; s. 10, ch. 2009-86.
Note.Former s. 371.521.

F.S. 327.40 on Google Scholar

F.S. 327.40 on Casetext

Amendments to 327.40


Arrestable Offenses / Crimes under Fla. Stat. 327.40
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 327.40.



Annotations, Discussions, Cases:

Cases from cite.case.law:

HATT LLC, W. II, v. KREITZBERG, S V ESCAPE UK PLC,, 658 F.3d 1243 (11th Cir. 2011)

. . . The plaintiffs invite our attention to section 327.40 of the Florida Statutes and section 68D-23.102 . . . The version of section 327.40 of Title XXIV of the Florida Statutes in effect at the time of Hurricane . . . Dennis provided as follows: 327.40. . . .

COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, v. FISH AND WILDLIFE CONSERVATION COMMISSION, v. v., 993 So. 2d 69 (Fla. Dist. Ct. App. 2008)

. . . The order states that “[pjursuant to Section 327.40, Florida Statutes, the regulatory marker applicant . . . Section 327.40(1), Florida Statutes, provides that: Waterways in Florida which need marking for safety . . . (emphasis supplied) Section 327.40(2)(a), Florida Statutes, further requires, after the submission of . . . Such an interpretation is, however, contrary to the plain meaning of both Section 327.40, Florida Statutes . . . It cannot be concluded that the Legislature, in enacting Section 327.40, Florida Statutes, and the commission . . .

DRESDNER BANK AG, v. HAQUE,, 161 F. Supp. 2d 259 (S.D.N.Y. 2001)

. . . On May 17, 1999, the Trial Court awarded costs in the plaintiffs favor in the amount of DM 14,-327.40 . . .

In JULIEN COMPANY, F. MARLOW, v. ROLLINS COTTON COMPANY, A DIVISION OF LOR, INC. v. BANKERS TRUST COMPANY L S, 127 B.R. 604 (Bankr. W.D. Tenn. 1991)

. . . the original involuntary filing, the Frazier affidavit establishes the value of a bale of cotton at $327.40 . . .

STAN LEE TRADING, INC. v. HOLTZ, 649 F. Supp. 577 (C.D. Cal. 1986)

. . . New York, the Handy and Harman price was also $327 and the Englehard Industrial Bullion price was $327.40 . . .

CIAMPA v. S. SCHWEIKER, 511 F. Supp. 670 (D. Mass. 1981)

. . . .-020(B)(1), this figure was reduced by $20.00 to arrive at a countable income of $327.40. . . .

CIAMPA, v. S. HARRIS,, 2 Mass. Supp. 368 (D. Mass. 1981)

. . . 106 C.M.R. sec. 338.020(B)(1), this figure was reduced by $20.00 to arrive at a countable income of $327.40 . . .