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Florida Statute 327.40 - Full Text and Legal Analysis
Florida Statute 327.40 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

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 CourtListener

Amendments to 327.40


Annotations, Discussions, Cases:

Cases Citing Statute 327.40

Total Results: 4

Hatt 65, LLC v. Kreitzberg

658 F.3d 1243, 2012 A.M.C. 159, 2011 WL 2565196, 2011 U.S. App. LEXIS 13277

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 2011 | Docket: 2380649

Cited 4 times | Published

WEJ. The plaintiffs invite our attention to section 327.40 of the Florida Statutes[10] and section 68D-23

Collier County Bd. of County Com'rs v. Fwcc

993 So. 2d 69

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 470071

Cited 3 times | Published

navigation." The order states that "[p]ursuant to Section 327.40, Florida Statutes, the regulatory marker applicant

Hatt 65 LLC v. Terry Kreitzberg

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 2011 | Docket: 2906244

Published

WEJ. The plaintiffs invite our attention to section 327.40 of the Florida Statutes10 and section 68d-23

Ago

Florida Attorney General Reports | Filed: Nov 21, 2005 | Docket: 3255667

Published

which vessels are excluded."11 Furthermore, section 327.40, Florida Statutes, provides that no governmental