(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.
History.—s. 3, ch. 89-273; s. 56, ch. 2008-247.
Note.—Former s. 370.1103.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 379 - Fish and Wildlife Conservation
Part I - General Provisions (Ss. 379.101-379.237)
379.102 - Fish and Wildlife Conservation Commission.
379.1025 - Powers, duties, and authority of commission; rules, regulations, and orders.
379.10255 - Headquarters of 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; purposes.
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.
379.2201 - Deposit of license fees; allocation of federal funds.
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; definitions.
379.223 - Citizen support organizations; use of state property; audit.
379.2231 - Additional assessment; Wildlife Alert Reward Association, Inc.
379.224 - Memorandum of agreement relating to Fish and Wildlife Research Institute.
379.2252 - Compacts and agreements; generally.
379.2253 - Atlantic States Marine Fisheries Compact; implementing legislation.
379.2254 - Gulf States Marine Fisheries Compact; implementing legislation.
379.2255 - Wildlife Violator Compact Act.
379.2256 - Compact licensing and enforcement authority; administrative review.
379.2257 - Cooperative agreements with United States Forest Service; penalty.
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; implementation; goals; funding.
379.2281 - Jim Woodruff Dam; reciprocity agreements.
379.2282 - St. Marys River; reciprocity agreements.
379.2291 - Endangered and Threatened Species Act.
379.2292 - Endangered and Threatened Species Reward Program.
379.23 - Federal conservation of fish and wildlife; limited jurisdiction.
379.231 - Regulation of nonnative animals.
379.2311 - Nonnative animal management.
379.233 - Release of balloons.
379.2341 - Publications by the commission.
379.2342 - Private publication agreements; advertising; costs of production.
379.236 - Retention, destruction, and reproduction of commission records.