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06/07/2022
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06/07/2022
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7/26/2022 1:34:44 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/07/2022
Meeting Body
Board of County Commissioners
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consecutive days in any 6 -month period in an anchoring limitation area established pursuant to this subsection. <br />(c) A county proposing establishment of an anchoring limitation area in accordance with this subsection <br />shall provide notice to the commission at least 30 days before introducing an ordinance to establish the <br />anchoring limitation area. The commission shalt publish notice of the proposed ordinance on its website and <br />distribute such notice through the commission's Boating and Waterways Section e-mail distribution list for <br />ordinances. <br />(3)(a) Monroe County is designated as an anchoring limitation area within which a vessel on waters of the <br />state may only be anchored in the same location for a maximum of 90 days. The commission shalt adopt rules to <br />implement this subsection. <br />(b) The anchoring limitations in this subsection do not apply to approved and permitted moorings or <br />mooring fields. <br />(c) Notwithstanding the commission rules adopted pursuant to this section, this section is not effective for <br />Monroe County until the county approves, permits, and opens new moorings for public use, including at least <br />250 moorings within 1 mile of the Key West Bight City Dock and at least 50 moorings within the Key West <br />Garrison Bight Mooring Field. Until such time, the commission shalt designate the area within 1 mile of the Key <br />West Bight City Dock as a priority for the investigation and removal of derelict vessels. <br />(4) Notwithstanding subsections (1), (2), and (3), a person may anchor a vessel in an anchoring limitation <br />area during a time that would otherwise be unlawful: <br />(a) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the <br />persons onboard unless the vessel anchors. The vessel may anchor for 3 business days or until the vessel is <br />repaired, whichever occurs first. <br />(b) If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm <br />to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until weather conditions <br />no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose <br />an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired. <br />(c) During events described in s. 327.48 or other special events, including, but not limited to, public music <br />performances, local government waterfront activities, or fireworks displays. A vessel may anchor for the lesser <br />of the duration of the special event or 3 days. <br />(5) This section does not apply to: <br />(a) Vessels owned or operated by a governmental entity for law enforcement, firefighting, military, or <br />rescue purposes. <br />(b) Construction or dredging vessels on an active job site. <br />(c) Vessels actively engaged in commercial fishing. <br />(d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and tine fishing <br />gear or nets. <br />(6)(a) As used in this subsection, the term "taw enforcement officer or agency" means an officer or agency <br />authorized to enforce this section pursuant to s. 327.70. <br />(b)1. For a vessel in an anchoring limitation area established pursuant to subsection (2), upon an inquiry by <br />a law enforcement officer or agency, a vessel owner or operator must be given an opportunity to provide proof <br />that the vessel has not exceeded the limitations described in subsection (2). Such proof may include any of the <br />following: <br />a. Documentation showing that the vessel was in another location at least 1 mite away within a period of <br />less than 45 days before the inquiry. <br />b. Electronic evidence, including, but not limited to, navigational devices or tracking devices that show the <br />vessel was in another location at least 1 mile away within a period of less than 45 days before the inquiry. <br />2. If a vessel owner or operator fails or refuses to provide proof that the vessel has not exceeded the <br />limitations described in subsection (2), the law enforcement officer or agency may issue a citation for a <br />violation of this section. 338 <br />
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