Fla. Stat. 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.
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.
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.
The commission is authorized to adopt rules pursuant to chapter 120 to implement this section.

(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.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.
(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.

Source: Section 327.40 — Uniform waterway markers, https://www.­flsenate.­gov/Laws/Statutes/2024/0327.­40 (accessed Aug. 7, 2025).

327.01
Short title
327.02
Definitions
327.04
Rules
327.30
Collisions, accidents, and casualties
327.31
Transmittal of information
327.32
Vessel declared dangerous instrumentality
327.33
Reckless or careless operation of vessel
327.34
Incapacity of operator
327.35
Boating under the influence
327.36
Mandatory adjudication
327.37
Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and moored ballooning regulated
327.38
Skiing prohibited while intoxicated or under influence of drugs
327.39
Personal watercraft regulated
327.40
Uniform waterway markers
327.41
Uniform waterway regulatory markers
327.42
Mooring to or damaging of uniform waterway markers prohibited
327.43
Silver Glen Run and Silver Glen Springs
327.44
Interference with navigation
327.45
Protection zones for springs
327.46
Boating-restricted areas
327.47
Competitive grant programs
327.48
Regattas, races, marine parades, tournaments, or exhibitions
327.49
Testing vessels and vessel motors
327.50
Vessel safety regulations
327.52
Maximum loading and horsepower
327.53
Marine sanitation
327.54
Liveries
327.56
Safety and marine sanitation equipment inspections
327.58
Jurisdiction
327.59
Marina evacuations
327.60
Local regulations
327.65
Muffling devices
327.66
Carriage of gasoline on vessels
327.70
Enforcement of this chapter and chapter 328
327.71
Exemption
327.72
Penalties
327.73
Noncriminal infractions
327.74
Uniform boating citations
327.301
Written reports of accidents
327.302
Accident report forms
327.331
Divers
327.352
Tests for alcohol, chemical substances, or controlled substances
327.353
Blood test for impairment or intoxication in cases of death or serious bodily injury
327.354
Presumption of impairment
327.355
Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages
327.359
Refusal to submit to testing
327.371
Human-powered vessels regulated
327.375
Commercial parasailing
327.391
Airboats regulated
327.395
Boating safety education
327.461
Safety zones, security zones, regulated navigation areas, and naval vessel protection zones
327.462
Temporary protection zones for spaceflight launches and recovery of spaceflight assets
327.463
Special hazards
327.521
No-discharge zones
327.731
Mandatory education for violators
327.803
Boating Advisory Council
327.804
Compilation of statistics on boating accidents and violations
327.4107
Vessels at risk of becoming derelict on waters of this state
327.4108
Anchoring of vessels in anchoring limitation areas
327.4109
Anchoring or mooring prohibited
327.35215
Penalty for failure to submit to test

Current through Fall 2025

§ 327.40. Unif. waterway markers's source at flsenate​.gov