Florida Statute 327.40 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

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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.

(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 Citing Statute 327.40

Total Results: 7

Ago

Court: Fla. Att'y Gen. | Date Filed: 2009-09-29T00:53:00-07:00

Snippet: boundaries of mooring fields permitted as provided in s. 327.40; (g) Regulating engine or exhaust noise, except

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

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-12T00:53:00-07:00

Citation: 993 So. 2d 69

Snippet: The order states that "[p]ursuant to Section 327.40, Florida Statutes, the regulatory marker applicant…Administrative Code Rule 68D-23.105(1)(b). 112. Section 327.40(1), Florida Statutes, provides that: Waterways …uniformly] marked... (emphasis supplied) Section 327.40(2)(a), Florida Statutes, further requires, after…, contrary to the plain meaning of both Section 327.40, Florida Statutes, and Florida Administrative Code…concluded that the Legislature, in enacting Section 327.40, Florida Statutes, and the commission, in 2001,