Current through Reg. 50, No. 187; September 24, 2024
For purposes of this chapter and Chapters 68C-22 and 68D-24,
F.A.C., the following definitions shall apply:
(1) Types of markers:
(a) "Aid to navigation" means a device
external to a vessel intended to assist an operator in determining position or
safe course, or to warn of dangers or obstructions to navigation.
(b) "Information marker" means a device
external to a vessel intended to provide an operator with information
concerning matters other than dangers or obstructions to navigation, or
regulatory matters.
(c) "Danger
marker" means a device external to the vessel intended to provide an operator
with information concerning dangers or obstructions to navigation such as
shoals, shallows, rocks, submerged pipes or cables, dams, or low clearance
obstructions above the water such as power lines, trestles, or
bridges.
(d) "Regulatory marker"
means a device used to alert an operator to various regulatory matters such as
horsepower, speed, wake, anchorages, or entry restrictions.
(e) "Special mark" means a marker not
primarily intended to assist safe navigation, but to indicate special areas or
features referred to in charts or other nautical publications. They may be
used, for example, to mark mooring fields, park boundaries, cable or pipeline
areas, marine events, etc. Special marks are colored solid yellow.
(f) "Mooring buoy" means a device that is
permanently secured to the bottom of a body of water and to which a vessel may
be secured when not underway.
(g)
"Buoy" means a device designed to float which is anchored in the waters of the
state and which is used to convey a message, carry a sign, or support a mooring
pennant.
(h) "Sign" means a device
which displays a message and which is attached to another object such as a
piling, buoy, structure, or shore.
(i) "Symbol" means the orange geometric shape
displayed on a danger, information, or regulatory marker. The meanings
associated with the orange geometric shapes are as follows:
1. A vertical open-faced diamond signifies
danger,
2. A vertical diamond shape
having a cross centered within indicates that all vessels or certain classes of
vessels are excluded from the marked area,
3. A circular shape indicates that certain
operating restrictions are in effect within the marked area; and,
4. A square or rectangular shape will contain
directions or instructions lettered within the shape.
(j) "Display area" means the area on a
danger, information or regulatory marker within which the symbol is
displayed.
(k) "Piling" means a
device constructed of sufficient sturdiness (such as concrete, steel, wood, or
composite material) embedded in the sea floor or shoreline for the purpose of
displaying and/or supporting a sign.
(2) General definitions:
(a) "Boating-restricted area" means an area
of the waters of the state within which the operation of vessels is subject to
specified restrictions or from which vessels are excluded.
(b) "Shore" means that area of land
immediately adjacent or contiguous to the waters of the state such that a sign
or marker erected thereon is readily visible to the operator of a vessel who
might reasonably believe that the sign or marker displays navigational,
regulatory or other information relevant to the operation of the
vessel.
(c) "Florida Intracoastal
Waterway" means:
1. All waters within the
right-of-way of the Atlantic Intracoastal Waterway, the Georgia state line
north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic
Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West;
the Okeechobee Waterway Route 1 across Lake Okeechobee and Route 2 along the
southern perimeter of the lake, from Port Mayaca to Clewiston; the Gulf
Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal Waterway,
Carrabelle to Tampa Bay; the Gulf Intracoastal Waterway, Carrabelle to Anclote
open bay section (using the Gulf of Mexico); and the Gulf Intracoastal
Waterway, Carrabelle to the Alabama state line west of Pensacola;
and,
2. All waters from shoreline
to shoreline within the Okeechobee Waterway, Stuart to Fort Myers, not
including Route 1 across Lake Okeechobee and Route 2 along the southern
perimeter of the lake, from Port Mayaca to Clewiston; the St. Johns River,
Jacksonville to Sanford; and, the Apalachicola, Chattahoochee, and Flint Rivers
in Florida.
(d)
"Uniform State Waterway Marking System" means the system of aids to navigation,
information markers, regulatory markers, and mooring buoys, as specified in
Part 66 of Title 33 of the Code of Federal Regulations.
(e) "United States Aids to Navigation System"
means the system of aids to navigation, information markers, regulatory
markers, and mooring buoys, as specified in Part 62 of Title 33 of the Code of
Federal Regulations.
(f) "Private
Aid to Navigation" means an aid to navigation the establishment of which is
authorized by a permit issued by the United States Coast Guard pursuant to Part
66 of Title 33 of the Code of Federal Regulations.
(g) "Maritime property" means vessels and
their engines, tackle, gear, equipment, appurtenances, furnishings, cargoes,
stores, personal property then on board belonging to the vessels' occupants,
and such other similar property as is consistent with the general maritime law
of the United States. This definition does not include littoral or riparian
property, the shores thereof, seawalls, docks, wharfs, or other property
intentionally and permanently attached to the shore.
(h) "Inland lake" means a naturally occurring
or man-made fresh water lake or pond. The term does not include reservoirs,
impoundments, or any portion of the Florida Intracoastal Waterway.
(i) "Associated canal" means a man-made canal
that is directly attached to an inland lake and that does not connect to other
waters or that connects only to another inland lake. The term does not include
any portion of a state or federally funded navigation project or any portion of
the Florida Intracoastal Waterway.
(j) "In writing" means any written or printed
form of communication and includes electronic mail, files transferred as
attachments to electronic mail, and telefacsimiles.
(3) When used on markers, the terms:
(a) "Idle Speed No Wake" and "Idle Speed" may
be used interchangeably and mean that a vessel must proceed at a speed no
greater than that which will maintain steerageway and headway. At no time is
any vessel required to proceed so slowly that the operator is unable to
maintain control over the vessel or any other vessel or object that it has
under tow.
(b) "Slow Speed" and
"Slow Speed Minimum Wake" may be used interchangeably and mean that a vessel
must be fully off plane and completely settled into the water. The vessel must
then proceed at a speed which is reasonable and prudent under the prevailing
circumstances so as to avoid the creation of an excessive wake or other
hazardous condition which endangers or is likely to endanger other vessels or
other persons using the waterway. At no time is any vessel required to proceed
so slowly that the operator is unable to maintain control over the vessel or
any other vessel or object that it has under tow. A vessel that is:
1. Operating on plane is not proceeding at
this speed,
2. In the process of
coming off plane and settling into the water or coming up onto plane is not
proceeding at this speed,
3.
Operating at a speed that creates a wake which unreasonably or unnecessarily
endangers other vessels or other persons using the waterway, or is likely to do
so, is not proceeding at this speed,
4. Completely off plane and which has fully
settled into the water and is proceeding at a reasonable and prudent speed with
little or no wake is proceeding at this speed.
"Slow Speed" and "Slow Speed Minimum Wake" are the preferred
terms. "Slow Down Minimum Wake" markers may continue to be used for restricted
areas authorized prior to January 1, 2001, except when such a restricted area
is contiguous to an Idle Speed No Wake boating restricted
area.
(c)
"Caution zone" means an area presenting a significant risk of navigational
hazard, an area frequently inhabited by manatees on a somewhat regular basis,
or other area similarly requiring that vessels be operated with particular
alertness and caution so as to avoid endangering life, limb, vessel traffic
safety or maritime property, or manatees.
(d) "No Power-driven Vessels" - All vessels
equipped with any mechanical means of propulsion must turn off the mechanical
means of propulsion and, if possible to do so, tilt or raise the mechanical
means of propulsion out of the water. The use of any motor, including an
electric motor, is prohibited.
(e)
"No Internal Combustion Motors" or "No Motor Zone" - All vessels equipped with
internal combustion motors (e.g.: gasoline or diesel motors) for propulsion
must turn off the internal combustion motor and, if possible to do so, tilt or
raise the internal combustion motor out of the water. The use of electric
motors is not prohibited.
(f)
"Vessel-exclusion zone" means an area from which all vessels or certain classes
of vessels are excluded. The following list includes the most common examples
of vessel-exclusion zones. Whenever the following messages are displayed on
vessel-exclusion zone markers, they have the meaning provided. Other messages
on vessel-exclusion zone markers are permissible, so long as the markers
display language that accurately describes the vessels or classes of vessels
that are excluded from the area. All vessel-exclusion zones must be marked with
the crossed-diamond symbol as specified in subparagraph (1)(i)2., above.
1. "No Vessels" or "Swim Area" - All vessels
of any type are prohibited from entering the marked area.
2. "No Motorized Vessels" or "No Motorboats"
or "Motorboats Prohibited" - All vessels equipped with any mechanical means of
propulsion are prohibited from entering the marked area, even if the mechanical
means of propulsion is not in use.
3. "Manually Propelled Vessels Only" - All
vessels other than those propelled by oars, paddles, or poles are prohibited
from entering the marked area. Vessels equipped with sails or a mechanical
means of propulsion may enter the marked area only if the sails or mechanical
means of propulsion is not in use and, if possible to do so, the mechanical
means of propulsion is tilted or raised out of the water.
4. "No Entry Area" - All vessels and all
persons, either in vessels or swimming, diving, or wading, are prohibited from
entering the marked area.
(g) "Miles per hour" and "MPH" mean speed
made good over the bottom measured in statutes miles. A specific number will be
posted in conjunction with "miles per hour" or "MPH" and is the maximum speed
at which a vessel may lawfully be operated within the marked area. Although it
is the intention of the Commission to allow those vessels capable of attaining
a planing configuration at posted numerical speed limit to do so, this posted
speed limit shall not be construed as permitting the reckless or careless
operation of a vessel, in violation of Section
327.33, F.S., or authorizing any
vessel to travel at an unsafe speed, in violation of navigation rule 6 as
adopted pursuant to Section
327.33, F.S., by reason of:
1. Having an elevated bow which restricts
visibility, or
2. Producing an
excessive wake or other hazardous condition which endangers or is likely to
endanger other vessels, other persons using the waterway, or natural resources
of the state.
(h)
"Wake," only when used in conjunction with a numerical size limit, means all
changes in the vertical height of the water's surface caused by the passage of
a vessel including, but not limited to, a vessel's bow wave, stern wake, and
propeller wash, measured from the ambient tide level to the crest of the
vessel's wake at a distance of not less than 25 feet from the vessel.
(i) "Holiday" means:
1. New Year's Day.
2. Birthday of Martin Luther King, Jr., the
third Monday in January.
3.
Memorial Day.
4. Independence Day,
the Fourth of July.
5. Labor
Day.
6. Columbus Day.
7. Veterans' Day, November 11.
8. Thanksgiving Day.
9. Friday after Thanksgiving.
10. Christmas Day.
If any of these holidays falls on Saturday, the preceding
Friday shall be observed as a holiday. If any of these holidays falls on
Sunday, the following Monday shall be observed as a holiday.
(4) The Boating and
Waterways Section will authorize the use of other terminology on regulatory
markers if the message is clear, unambiguous, and accurately describes a
lawfully imposed restriction.
Rulemaking Authority
327.04,
327.40,
327.41,
327.46,
379.2431 FS. Law Implemented
327.40,
327.41,
327.46,
379.2431
FS.
New 12-23-01, Amended 10-5-06,
10-6-10.