Fla. Admin. Code Ann. R. 68D-23.107 - Federal System Adopted

(1) The following are adopted and incorporated by reference:

(a) The United States Aids to Navigation System, Part 62 of Title 33 of the Code of Federal Regulations (April 1, 2010);

(b) The United States Coast Guard Aids to Navigation Manual - Administration (COMDTINST M16500.7A, March 2, 2005);

(c) The United States Coast Guard Aids to Navigation Manual - Technical (COMDTINST M16500.3A, February 11, 2005).

(d) The United States Coast Guard Aids to Navigation Manual - Structures (COMDTINST M16500.25, November 7, 2005).

(2) All markers, including mooring buoys, placed or maintained in, on or over the waters of the state or the shores thereof must conform to the United States Aids to Navigation System.

(a) Any marker in, on or over the waters of the state or the shores thereof that does not conform to the United States Aids to Navigation System and all provisions of this chapter, must be brought into conformity or be removed from the waters or shores of the state.

(b) No person, municipality, county, or other governmental entity shall place, maintain, or permit to remain in, on or over the waters of the state or shores thereof any nonconforming marker.

(c) All nonconforming markers in place in, on or over the waters of the state or shores thereof are declared a nuisance. The division and its officers and all other law enforcement officers charged with the enforcement of Chapter 327, F.S., have the authority to remove or cause the removal of any such nonconforming marker.

Notes

Fla. Admin. Code Ann. R. 68D-23.107

Rulemaking Authority 327.04, 327.40, 327.41 FS. Law Implemented 327.40, 327.41 FS.

New 12-23-01, Amended 10-5-06, 10-6-10.

New 12-23-01, Amended 10-5-06, 10-6-10.