Ryan Nicol
The Senate has moved forward with a proposal barring the use of rope to mark vessel exclusion zones in waterways.
Those zones mark off areas where boats cannot travel. The delineations can be important in regions where swimmers and boaters may be near one another, as a way of keeping those swimmers safe.
Last week, the Senate approved a wide-ranging package aiming to regulate motor vehicles and water vessels via a unanimous 39-0 vote (SB 1086). Included in that package was a provision added during the final committee stop in the Agriculture Committee.
“Vessel exclusion zones created pursuant to this subparagraph must be marked with uniform waterway markers permitted by the commission in accordance with this chapter. Such zones may not be marked by ropes,” the provision reads.
That change was inserted as part of a proposed committee substitute from Republican Sen. Travis Hutson, the bill sponsor. Some South Florida lawmakers had voiced support for the change, arguing those ropes may not always be visible and can cause problems for boats which accidentally clip them.
In fact, the Senate originally pushed to move even further, with a previous amendment barring exclusionary zones inside the Florida Intracoastal Waterway altogether.
But after backing off that more severe restriction, the newest language would instead push for “uniform waterway markers” such as buoys which can clearly indicate the boundaries of a vessel exclusion zone.
Some South Floridians have expressed hesitation with the change, but Hutson says he’s worked with those parties to come to an acceptable agreement.
At particular issue are permits already in motion aiming to rope off certain areas in South Florida, such as Islamorada. Hutson says he’s heard from stakeholders who are worried those permit applications — which may include the use of rope barriers — may be held up due to the change. Huston said his conversations with the Florida Fish and Wildlife Conservation Commission and Department of Environmental Protections have shown those permits will not be affected, however.
“I believe the issues are all worked out. That’s my understanding,” Hutson said. “The big concern has been whether, because this becomes statute, it makes null and void permits that are being put in place. And the answer back to me from the agencies is, ‘Not it doesn’t.’ This shouldn’t stop them.”
That will, of course, change with future projects, Hutson explained.
“Going forward, any other people that want to do exclusionary zones would be under this statute.”
The House has not yet included the language in its companion bill (HB 639), and House members balked at the original proposal to axe those exclusionary zones entirely. The House measure was temporarily postponed last week and remains ready for second reading on the House floor.
