Florida Regulations 68D-24.003: Management Provisions
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(1) Appropriate boating restricted areas are established for the purpose of regulating the speed and operation of vessel traffic for the safety of the public.
(2) Such boating restricted areas shall be marked in accordance with Fl. Admin. Code Chapter 68D-18, Florida Intracoastal Waterway Markers.
(3) The drawings provided in this chapter are intended to provide information to assist the boat operator in locating the boating restricted areas depicted. The drawings are not to scale and should not be used for navigation purposes. The text of these rules is controlling and dispositive of the exact location of the boundaries of each boating restricted area.
(4) The executive director may approve for adoption rules establishing boating restricted areas. This delegation of authority is subject to the following criteria:
(a) A local government has passed a resolution requesting or endorsing a request that a boating restricted area be established;
(b) The area is designed to protect public safety;
(c) The requested area is in the vicinity of a bridge, public boat ramp, public dock, public marina, public fueling facility, public sewage pump-out facility, or a specific navigational hazard;
(d) Personnel from the Fish and Wildlife Conservation Commission’s Division of Law Enforcement confirm that the proposed area presents a danger to public safety if it remains unregulated;
(e) The rule regulates the boating restricted area at one of the following levels – “”Idle Speed No Wake,”” “”Slow Speed Minimum Wake,”” or “”30 miles per hour;””
(f) No written objection to the establishment of the proposed restricted area has been received from the United States Coast Guard, the Army Corps of Engineers, or a Navigation District established under Florida Statutes Chapter 374
(g) No timely request for a public hearing is received and no timely challenge to the proposed rule is filed;
(h) No correspondence or other written communication is received showing organized public opposition to the proposed rule.
Rulemaking Authority 327.04, 327.46 FS. Law Implemented Florida Statutes § 327.46. History-New 8-30-83, Formerly 16N-24.03, Amended 6-14-93, Formerly 16N-24.003, 62N-24.003, Amended 6-12-00, 3-16-06.
(2) Such boating restricted areas shall be marked in accordance with Fl. Admin. Code Chapter 68D-18, Florida Intracoastal Waterway Markers.
(3) The drawings provided in this chapter are intended to provide information to assist the boat operator in locating the boating restricted areas depicted. The drawings are not to scale and should not be used for navigation purposes. The text of these rules is controlling and dispositive of the exact location of the boundaries of each boating restricted area.
(4) The executive director may approve for adoption rules establishing boating restricted areas. This delegation of authority is subject to the following criteria:
(a) A local government has passed a resolution requesting or endorsing a request that a boating restricted area be established;
(b) The area is designed to protect public safety;
(c) The requested area is in the vicinity of a bridge, public boat ramp, public dock, public marina, public fueling facility, public sewage pump-out facility, or a specific navigational hazard;
(d) Personnel from the Fish and Wildlife Conservation Commission’s Division of Law Enforcement confirm that the proposed area presents a danger to public safety if it remains unregulated;
(e) The rule regulates the boating restricted area at one of the following levels – “”Idle Speed No Wake,”” “”Slow Speed Minimum Wake,”” or “”30 miles per hour;””
(f) No written objection to the establishment of the proposed restricted area has been received from the United States Coast Guard, the Army Corps of Engineers, or a Navigation District established under Florida Statutes Chapter 374
(g) No timely request for a public hearing is received and no timely challenge to the proposed rule is filed;
(h) No correspondence or other written communication is received showing organized public opposition to the proposed rule.
Rulemaking Authority 327.04, 327.46 FS. Law Implemented Florida Statutes § 327.46. History-New 8-30-83, Formerly 16N-24.03, Amended 6-14-93, Formerly 16N-24.003, 62N-24.003, Amended 6-12-00, 3-16-06.
