The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

View Entire Chapter

F.S. 327.60

327.60 Local regulations; limitations.—

(1) The provisions of this chapter and chapter 328 shall govern the operation, equipment, and all other matters relating thereto whenever any vessel shall be operated upon the waters of this state or when any activity regulated hereby shall take place thereon.

(2) This chapter and chapter 328 do not prevent the adoption of any ordinance or local regulation relating to operation of vessels, except that a county or municipality may not enact, continue in effect, or enforce any ordinance or local regulation:

(a) Establishing a vessel or associated equipment performance or other safety standard, imposing a requirement for associated equipment, or regulating the carrying or use of marine safety articles;

(b) Relating to the design, manufacture, or installation of any marine sanitation device on any vessel, except as authorized in subsection (4);

(d) Discriminating against personal watercraft;

(e) Discriminating against airboats, for ordinances adopted after July 1, 2006, unless adopted by a two-thirds vote of the governing body enacting such ordinance;

(f) Regulating the anchoring of vessels outside the marked boundaries of mooring fields permitted as provided in s. 327.40, except for:

1. Live-aboard vessels; and

2. Commercial vessels, excluding commercial fishing vessels;

(g) Regulating engine or exhaust noise, except as provided in s. 327.65; or

(h) That conflicts with any provisions of this chapter or any amendments thereto or rules adopted thereunder.

(3) This section does not prohibit local governmental authorities from the enactment or enforcement of regulations that prohibit or restrict the mooring or anchoring of floating structures, live-aboard vessels, or commercial vessels, excluding commercial fishing vessels, within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40.

(4)(a) A local government may enact and enforce regulations that require owners or operators of vessels or floating structures subject to the marine sanitation requirements of s. 327.53 to provide proof of proper sewage disposal by means of an approved sewage pumpout service, approved sewage pumpout facility, or approved waste reception facility when anchored or moored for more than 10 consecutive days within the following areas:

1. Marked boundaries of a permitted mooring field under the jurisdiction of the local government;

2. No-discharge zones as published in Volume 53, No. 13 of the Federal Register, page 1678 (1988); Volume 64, No. 164 of the Federal Register, pages 46390-46391 (1999); and Volume 67, No. 98 of the Federal Register, pages 35735-35743 (2002); or

3. No-discharge zones established pursuant to 40 C.F.R. s. 1700.10.

(b) Before a local government may adopt an ordinance to enact and enforce such regulations, the local government must ensure that there are approved sewage pumpout services, approved sewage pumpout facilities, or approved waste reception facilities available within its jurisdiction. Any ordinance adopted pursuant to this subsection may not take effect until reviewed and approved as consistent with this subsection by the commission.

(c) Upon approval of the Administrator of the United States Environmental Protection Agency pursuant to 33 U.S.C. s. 1322, a county designated as a rural area of opportunity may create a no-discharge zone for freshwater water bodies within the county’s jurisdiction to prohibit treated and untreated sewage discharges from floating structures and live-aboard vessels not capable of being used as a means of transportation and from houseboats. Within no-discharge zone boundaries, operators of such floating structures, live-aboard vessels, and houseboats shall retain their sewage on board for discharge at a pumpout facility or for discharge more than 3 miles off the coast in the Atlantic Ocean or more than 9 miles off the coast in the Gulf of Mexico. Violations of this paragraph are punishable as provided in s. 327.53(6) and (7).

(d) This subsection does not prohibit a local government from enacting or enforcing such sewage pumpout requirements for live-aboard vessels, floating structures, and commercial vessels, excluding commercial fishing vessels, within any areas of its jurisdiction.

(e) The commission may adopt rules to implement this subsection.

(5) A local government may enact and enforce regulations to implement the procedures for abandoned or lost property that allow the local law enforcement agency to remove a vessel affixed to a public dock or mooring within its jurisdiction that is abandoned or lost property pursuant to s. 705.103(1). Such regulation must require the local law enforcement agency to post a written notice at least 24 hours before removing the vessel.

History.—s. 10, ch. 59-400; s. 16, ch. 63-105; s. 1, ch. 65-361; s. 3, ch. 72-55; s. 2, ch. 83-20; s. 38, ch. 95-143; s. 30, ch. 99-289; s. 20, ch. 2000-362; s. 3, ch. 2006-172; s. 3, ch. 2006-309; s. 14, ch. 2009-86; s. 9, ch. 2017-163; s. 3, ch. 2019-54; s. 22, ch. 2021-184.

Note.—Former s. 371.59.

F.S. 327.60 on Google Scholar

F.S. 327.60 on Casetext

Amendments to 327.60

Arrestable Offenses / Crimes under Fla. Stat. 327.60

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 327.60.

Annotations, Discussions, Cases:

Cases from cite.case.law:

THE LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC. a v. L. NEIDLINGER, d b a s a, 182 So. 3d 738 (Fla. Dist. Ct. App. 2015)

. . . The order of dismissal referenced the following statutes:- sections 327.60(2), 327.65, and 327.04, Florida . . .

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

. . . In November 2004, the City enacted an ordinance pursuant to section 327.60, Florida Statutes (2004), . . . vessel traffic safety or public safety purpose is presented for ordinances adopted pursuant to Section 327.60 . . . ] is presented for ordinances adopted pursuant to Section 327.60, [F.S.], under the following facts and . . .

KEARNEY, v. FOLEY AND LARDNER,, 553 F. Supp. 2d 1178 (S.D. Cal. 2008)

. . . Counsel’s discounted rates are $550 per hour for Zebrowski; $327.60 for Klawitter; $259.35 for Buccigross . . .

MARRONE, v. CITY OF KEY WEST, 814 So. 2d 478 (Fla. Dist. Ct. App. 2002)

. . . See § 327.60, Fla. Stat. (1999); Fla. Admin. Code R. 18-21.004(l)(e). . . .

KISSIMMEE RIVER VALLEY SPORTSMANS ASSOCIATION, v. CITY OF LAKELAND,, 60 F. Supp. 2d 1289 (M.D. Fla. 1999)

. . . declaratory relief, alleging that the subject matter of Section 58-32 is expressly preempted by Section 327.60 . . .

LEE COUNTY, a v. LIPPI J M a d b a s, 662 So. 2d 1304 (Fla. Dist. Ct. App. 1995)

. . . Section 327.60 permits local governments to adopt ordinances relating to the operation and equipment . . . On the contrary, section 327.22, Florida Statutes (1993), and section 327.60, Florida Statutes (1993) . . . the municipalities located within the county may jointly regulate vessels, (emphasis added) Section 327.60 . . . Established by local governmental authorities pursuant to s. 327.22 or s. 327.60. . . .

DOZIER, v. CITY OF MIAMI,, 639 So. 2d 167 (Fla. Dist. Ct. App. 1994)

. . . Ordinance 10246 is a zoning regulation within the contemplation of section 327.60(2), Florida Statutes . . . Section 327.60(2), Florida Statutes (1983) provided: Nothing contained in the provisions of this section . . .

BRAULT v. STATE OF FLORIDA, 45 Fla. Supp. 2d 65 (Fla. Cir. Ct. 1991)

. . . Appellant argues that Section 13-52 is invalid because it conflicts with Florida Statutes § 327.60(1) . . .

GARCIA, v. R. BOWEN,, 702 F. Supp. 409 (S.D.N.Y. 1988)

. . . amount of $9,751.12 for 156.2 hours of work which includes: $7,335.90 for 75.24 hours of lawyer time, $327.60 . . .

A. ZEFFIRO v. FIRST PENNSYLVANIA BANK, N. A. v. CAPITAL FIRST CORPORATION, M. BERNARD, Jr. v. FIRST PENNSYLVANIA BANK, N. A. v. CAPITAL FIRST CORPORATION,, 574 F. Supp. 443 (E.D. Pa. 1983)

. . . Anthony 210.75 327.60 53.75 2.55 489.50 67.10 1,151.25 James P. . . .

F. URBANO, No. v. W. McCORKLE,, 346 F. Supp. 51 (D.N.J. 1972)

. . . (c) $327.60 which plaintiff alleges he lost as a result of being denied legal materials necessary to . . .

MATTHEWS v. UNITED STATES, 217 F.2d 409 (5th Cir. 1954)

. . . Thompson further testified that at the time of these sales, 3600 pounds of sugar cost $327.60 and that . . .