Fla. Stat. 379.2351
Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity

(1)

LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds that commercial and recreational fishing constitute activities of statewide importance and that the continuation of commercial and recreational fishing will benefit the health and welfare of the people of this state. The Legislature further finds that commercial and recreational fishing operations conducted in developing and urbanizing areas are potentially subject to curtailment as a result of local government zoning and nuisance ordinances which may unreasonably force the closure of productive commercial and recreational fishing operations. It is the purpose of this act to prevent the curtailment or abolishment of commercial and recreational fishing operations solely because the area in which they are located has changed in character or the operations are displeasing to neighboring residents.

(2)

DEFINITIONS.—As used in this act, “commercial fishing operation” means any type of activity conducted on land, requiring the location or storage of commercial fishing equipment such as fishing vessels, fishing gear, docks, piers, loading areas, landing areas, and cold storage facilities, including any activity necessary to prepare finfish or shellfish for refrigeration. This definition does not include operations with the sole or primary function of processing seafood.

(3)

LEGAL PROTECTION OF COMMERCIAL AND RECREATIONAL FISHING OPERATIONS.—No commercial or recreational fishing operation shall be declared a public or private nuisance solely because of a change in ownership or a change in the character of the property in or around the locality of the operation.

(4)

LOCAL ORDINANCE.—No local governing authority shall adopt any ordinance that declares any commercial or recreational fishing operation to be a nuisance solely because it is a commercial or recreational fishing operation, or any zoning ordinance that unreasonably forces the closure of any commercial or recreational fishing operation. Nothing in this act shall prevent a local government from regulating commercial and recreational fishing operations, including by requiring the use of methods, structures, or appliances where such use will prevent, ameliorate, or remove conditions which create or may create a nuisance or, pursuant to the applicable local zoning code, by declaring a commercial or recreational fishing operation to be a nonconforming use.

(5)

WHEN EXPANSION OF OPERATION NOT PERMITTED.—This act shall not be construed to permit an existing commercial or recreational fishing operation to change to a larger operation with regard to emitting more noise or odor, where such change violates local ordinances or regulations or creates a nuisance.

Source: Section 379.2351 — Land-based commercial and recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity, https://www.­flsenate.­gov/Laws/Statutes/2024/0379.­2351 (accessed Aug. 7, 2025).

379.23
Federal conservation of fish and wildlife 379.101
Definitions 379.102
Fish and Wildlife Conservation Commission 379.103
Duties of executive director 379.104
Right to hunt and fish 379.105
Harassment of hunters, trappers, or fishers 379.106
Administration of commission grant programs 379.107
Residential conservation programs 379.201
Administrative Trust Fund 379.203
Dedicated License Trust Fund 379.204
Federal Grants Trust Fund 379.205
Florida Panther Research and Management Trust Fund 379.206
Grants and Donations Trust Fund 379.207
Lifetime Fish and Wildlife Trust Fund 379.208
Marine Resources Conservation Trust Fund 379.209
Nongame Wildlife Trust Fund 379.211
State Game Trust Fund 379.212
Land Acquisition Trust Fund 379.213
Save the Manatee Trust Fund 379.214
Invasive Plant Control Trust Fund 379.223
Citizen support organizations 379.224
Memorandum of agreement relating to Fish and Wildlife Research Institute 379.226
Florida Territorial Waters Act 379.231
Regulation of nonnative animals 379.232
Water bottoms 379.233
Release of balloons 379.236
Retention, destruction, and reproduction of commission records 379.237
Courts of equity may enjoin 379.1025
Powers, duties, and authority of commission 379.1026
Site-specific location information for endangered and threatened species 379.2201
Deposit of license fees 379.2202
Expenditure of funds 379.2203
Disposition of fines, penalties, and forfeitures 379.2213
Management area permit revenues 379.2222
Acquisition of state game lands 379.2223
Control and management of state game lands 379.2224
Preserves, refuges, etc., not tax-exempt 379.2225
Everglades recreational sites 379.2231
Additional assessment 379.2251
Agreements with Federal Government for the preservation of saltwater fisheries 379.2252
Compacts and agreements 379.2253
Atlantic States Marine Fisheries Compact 379.2254
Gulf States Marine Fisheries Compact 379.2255
Wildlife Violator Compact Act 379.2256
Compact licensing and enforcement authority 379.2257
Cooperative agreements with United States Forest Service 379.2258
Assent to provisions of Act of Congress of September 2, 1937 379.2259
Assent to federal acts 379.2271
Harmful-Algal-Bloom Task Force 379.2272
Harmful-algal-bloom program 379.2273
Florida Red Tide Mitigation and Technology Development Initiative 379.2281
Jim Woodruff Dam 379.2282
St. Marys River 379.2291
Endangered and Threatened Species Act 379.2292
Endangered and Threatened Species Reward Program 379.2293
Airport activities within the scope of a federally approved wildlife hazard management plan or a federal or state permit or other authorization for depredation or harassment 379.2311
Nonnative animal management 379.2341
Publications by the commission 379.2342
Private publication agreements 379.2351
Land-based commercial and recreational fishing activities 379.2352
State employment 379.10255
Headquarters of commission

Current through Fall 2025

§ 379.2351. Land-based commercial & recreational fishing activities; legislative findings and purpose; definitions; legal protection; local ordinances; prohibited activity's source at flsenate​.gov