Fla. Stat. 327.46
Boating-restricted areas


(1)

Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned submerged lands.The commission may establish boating-restricted areas by rule pursuant to chapter 120.Municipalities and counties may establish the following boating-restricted areas by ordinance, including, notwithstanding the prohibition in s. 327.60(2)(c), within the portion of the Florida Intracoastal Waterway within their jurisdiction:
An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:
Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width.
Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width.
Inside or within 300 feet of any lock structure.
An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is:
Within 300 feet of any bridge fender system.
Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet.
On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline.
On a lake or pond of less than 10 acres in total surface area.
Within the boundaries of a permitted public mooring field and a buffer around the mooring field of up to 100 feet.
Within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Florida Intracoastal Waterway.
An ordinance establishing a vessel-exclusion zone if the area is:
Designated as a public bathing beach or swim area, except that such areas may not be created on waters that include any portion of the Florida Intracoastal Waterway or that are within 100 feet of the marked channel of the Florida Intracoastal Waterway.
Within 300 feet of a dam, spillway, or flood control structure.

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.

Municipalities and counties have the authority to establish by ordinance the following other boating-restricted areas:
An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is:
Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
Subject to unsafe levels of vessel traffic congestion.
Subject to hazardous water levels or currents, or containing other navigational hazards.
An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety.
An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:
As a canoe trail or otherwise limited to vessels under oars or under sail.
For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.

Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission’s action on the application shall be subject to review under chapter 120. The commission shall initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph.

Owners of private submerged lands that are adjacent to Outstanding Florida Waters, as defined in s. 403.061(28), or an aquatic preserve established under ss. 258.39-258.399 may request that the commission establish boating-restricted areas solely to protect any seagrass and contiguous seagrass habitat within their private property boundaries from seagrass scarring due to propeller dredging. Owners making a request pursuant to this paragraph must demonstrate to the commission clear ownership of the submerged lands. The commission shall adopt rules to implement this paragraph, including, but not limited to, establishing an application process and criteria for meeting the requirements of this paragraph. Each approved boating-restricted area shall be established by commission rule. For marking boating-restricted zones established pursuant to this paragraph, owners of privately submerged lands shall apply to the commission for a uniform waterway marker permit in accordance with ss. 327.40 and 327.41, and shall be responsible for marking the boating-restricted zone in accordance with the terms of the permit.As used in this section, the term “seagrass” has the same meaning as in s. 253.04.

(a)

The commission may establish boating-restricted areas by rule pursuant to chapter 120.

(b)

Municipalities and counties may establish the following boating-restricted areas by ordinance, including, notwithstanding the prohibition in s. 327.60(2)(c), within the portion of the Florida Intracoastal Waterway within their jurisdiction:An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:
Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width.
Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width.
Inside or within 300 feet of any lock structure.
An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is:
Within 300 feet of any bridge fender system.
Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet.
On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline.
On a lake or pond of less than 10 acres in total surface area.
Within the boundaries of a permitted public mooring field and a buffer around the mooring field of up to 100 feet.
Within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Florida Intracoastal Waterway.
An ordinance establishing a vessel-exclusion zone if the area is:
Designated as a public bathing beach or swim area, except that such areas may not be created on waters that include any portion of the Florida Intracoastal Waterway or that are within 100 feet of the marked channel of the Florida Intracoastal Waterway.
Within 300 feet of a dam, spillway, or flood control structure.

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.

1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width.b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width.c. Inside or within 300 feet of any lock structure.
a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width.
b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width.
c. Inside or within 300 feet of any lock structure.
2. An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is:a. Within 300 feet of any bridge fender system.b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet.c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline.d. On a lake or pond of less than 10 acres in total surface area.e. Within the boundaries of a permitted public mooring field and a buffer around the mooring field of up to 100 feet.f. Within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Florida Intracoastal Waterway.
a. Within 300 feet of any bridge fender system.
b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet.
c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline.
d. On a lake or pond of less than 10 acres in total surface area.
e. Within the boundaries of a permitted public mooring field and a buffer around the mooring field of up to 100 feet.
f. Within 500 feet of a sewage pumpout station at any public or private nonresidential marina if the sewage pumpout station is within 100 feet of the marked channel of the Florida Intracoastal Waterway.
3. An ordinance establishing a vessel-exclusion zone if the area is:a. Designated as a public bathing beach or swim area, except that such areas may not be created on waters that include any portion of the Florida Intracoastal Waterway or that are within 100 feet of the marked channel of the Florida Intracoastal Waterway.b. Within 300 feet of a dam, spillway, or flood control structure.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.
a. Designated as a public bathing beach or swim area, except that such areas may not be created on waters that include any portion of the Florida Intracoastal Waterway or that are within 100 feet of the marked channel of the Florida Intracoastal Waterway.
b. Within 300 feet of a dam, spillway, or flood control structure.

(c)

Municipalities and counties have the authority to establish by ordinance the following other boating-restricted areas:An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is:
Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
Subject to unsafe levels of vessel traffic congestion.
Subject to hazardous water levels or currents, or containing other navigational hazards.
An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety.
An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:
As a canoe trail or otherwise limited to vessels under oars or under sail.
For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.

Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission’s action on the application shall be subject to review under chapter 120. The commission shall initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph.

1. An ordinance establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating-restricted area if the area is:a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.b. Subject to unsafe levels of vessel traffic congestion.c. Subject to hazardous water levels or currents, or containing other navigational hazards.d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety.
a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway.
b. Subject to unsafe levels of vessel traffic congestion.
c. Subject to hazardous water levels or currents, or containing other navigational hazards.
d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety.
3. An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:a. As a canoe trail or otherwise limited to vessels under oars or under sail.b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.
a. As a canoe trail or otherwise limited to vessels under oars or under sail.
b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.

(d)

Owners of private submerged lands that are adjacent to Outstanding Florida Waters, as defined in s. 403.061(28), or an aquatic preserve established under ss. 258.39-258.399 may request that the commission establish boating-restricted areas solely to protect any seagrass and contiguous seagrass habitat within their private property boundaries from seagrass scarring due to propeller dredging. Owners making a request pursuant to this paragraph must demonstrate to the commission clear ownership of the submerged lands. The commission shall adopt rules to implement this paragraph, including, but not limited to, establishing an application process and criteria for meeting the requirements of this paragraph. Each approved boating-restricted area shall be established by commission rule. For marking boating-restricted zones established pursuant to this paragraph, owners of privately submerged lands shall apply to the commission for a uniform waterway marker permit in accordance with ss. 327.40 and 327.41, and shall be responsible for marking the boating-restricted zone in accordance with the terms of the permit.

(e)

As used in this section, the term “seagrass” has the same meaning as in s. 253.04.

(2)

Each such boating-restricted area shall be developed in consultation and coordination with the governing body of the county or municipality in which the boating-restricted area is located and, when the boating-restricted area is to be on the navigable waters of the United States, with the United States Coast Guard and the United States Army Corps of Engineers.

(3)

It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity, as defined in this chapter, within a boating-restricted area which has been clearly marked by regulatory markers as authorized under this chapter.

(4)

Restrictions in a boating-restricted area established pursuant to this section shall not apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity.

Source: Section 327.46 — Boating-restricted areas, https://www.­flsenate.­gov/Laws/Statutes/2024/0327.­46 (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

§ 327.46. Boating-restricted areas's source at flsenate​.gov