Section 68D-21.002 - Procedures for Reviewing Applications(1) The Boating and Waterways Section shall notice the applicant within 30 days as to whether the application is complete or what information is needed to complete the application.(2) The Boating and Waterways Section will review and act upon a complete application within 90 days of receipt as follows:(a) The Boating and Waterways Section will determine whether each boating-restricted area created in the ordinance is authorized under Section 327.46(1)(c), F.S. As provided in subsection 68D-21.001(1), F.A.C., approval is not required for ordinances unless a boating-restricted area set forth therein is authorized under Section 327.46(1)(b), F.S. Where the ordinance includes boating restricted areas under both 327.46(1)(b) and (c) F.S., the Commission will only review those that are being created pursuant to subsection (c).(b) The Boating and Waterways Section will determine whether the required consultation and coordination set forth in Rule 68D-21.001(3)(f) above has taken place.(c) The Boating and Waterways Section will review the application and appendix submitted to determine whether competent, substantial evidence exists pursuant to the criteria set forth in Rule 68D-21.004, F.A.C.(d) No ordinance establishing a boating restricted area will be approved for the purpose of noise abatement or for the protection of shoreline, shore-based structures, or upland property from vessel wake or shoreline wash. As provided in Section 327.33(2), F.S., "vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall, absent negligence, not constitute damage or endangerment to property." The wake resulting from the reasonable and prudent operation of a vessel is a force which should be anticipated by the owners of property adjacent to the navigable waters of this state.(3) The Boating and Waterways Section will issue a determination approving or denying the application. The Boating and Waterways Section will provide notice as provided in Rule 68D-21.003, F.A.CFla. Admin. Code Ann. R. 68D-21.002
Rulemaking Authority 327.04, 327.46 FS. Law Implemented 327.46 FS.
New 10-6-10, Amended by Florida Register Volume 50, Number 168, August 27, 2024 effective 9/10/2024.