§ 2-32-11. Exemptions.  


Latest version.
  • (a)

    General exemption. Regattas, races and boat exhibitions that comply with the provisions of Florida Statutes Section 327.48, may be conducted in areas of county waters outside of slow speed zones, idle speed zones, internal combustion engine exclusion areas and vessel exclusion areas, and shall be exempt from section 2-32-6. The operators of vessels owned or leased by the federal government, the State of Florida, the Manatee County Sheriff's Office, Manatee County government, or a municipality within the county shall be exempt from the provisions of sections 2-32-5, 2-32-6 and 2-32-8 while performing their official duties. Any vessel that is operating under emergency conditions shall be exempt from such provisions.

    (b)

    State-granted exemptions. The Florida Fish and Wildlife Conservation Commission (FWCC) may grant permits exempting permit holders from certain state-imposed vessel speed and operation regulations. Under Section 68C-22.003, Florida Administrative Code, permits may be granted for scientific or educational purposes, some construction activities, resident access, commercial fishermen and professional guides, manufacturer testing, and boat races. However, pursuant to Section 68C-22.003(1)(e), Florida Administrative Code, a FWCC permit does not release an operator from the duty to comply with local vessel operation and manatee protection regulations. In those areas designated herein as areas of regulated water activity (except internal combustion engine exclusion areas and vessel exclusion areas established pursuant to sections 2-32-5(e) and (f)), an operator who (1) possesses a valid state exemption permit under Section 68C-22.003, Florida Administrative Code, or (2) is engaged in commercial fishing or professional guiding within the meanings set forth in Section 68C-22.003, Florida Administrative Code, regardless of whether such operator has received a state exemption permit under such rule, is exempt from the provisions of sections 2-32-5, 2-32-6 and 2-32-8 of this chapter, but only while engaged in the permitted activity or commercial fishing or professional guiding, respectively.

    (c)

    USCG-granted exemptions. The United States Coast Guard (USCG) may grant permits exempting permit holders from certain federal vessel speed and operation regulations for boat races. An operator who possesses or is operating under the authority of a valid USCG approval is exempt from the provisions of section 2-32-5 of this chapter, but only while engaging in the permitted activity.

(Ord. No. 08-68, § 3(Exh. A), 8-12-08; Ord. No. 14-42, § 2, 9-23-14)