ANCHORING LIMITATION AREAS

Jacksonville Ordinance Code tit. X, ch. 388, pt. 4

in effect

Jacksonville Ordinance Code § 388.401 Findings and legislative intent.

Sec. 388.401. - Findings and legislative intent. (a) Pursuant to F.S. § 327.4108, as amended from time to time, the Florida Legislature has expressly authorized counties meeting certain criteria to enact regulations that establish anchoring limitation areas adjacent to urban areas that have residential docking facilities and significant recreational boating traffic. (b) The Council finds that the City of Jacksonville, acting under its authority as a chartered county government pursuant to Section 1.101 of the City Charter and Section 4.102, Ordinance Code, meets the criteria established in F.S. § 327.4108, to create anchoring limitation areas within its jurisdiction. (c) The purpose of this Part is to implement the provisions of F.S. § 327.4108, by creating anchoring limitation areas ("Anchoring Limitation Areas"), as more fully described below, which will promote the public access to the waters of the county and state; enhance navigational safety; protect maritime infrastructure; protect the marine environment, deter improperly stored, abandoned, or derelict vessels, and provide a civil enforcement mechanism with regard to Anchoring Limitation Areas. (d) Should F.S. § 327.4108 be amended, the statute will immediately take precedence over this Part. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.402 Definitions.

Sec. 388.402. - Definitions. As used in this Part, Navigable-in-fact waterways means, as defined in F.S. § 327.4108, waterways that are navigable in their natural or unimproved condition over which useful commerce or public recreation of a substantial and permanent character is or may be conducted in the customary mode of trade and travel on water. The term does not include lakes or streams that are theoretically navigable; have a potential for navigability; or are temporary, precarious, and unprofitable, but the term does include lakes or streams that have practical usefulness to the public as highways for transportation. Unattended vessel, for the purpose of this Part, means a vessel that is not under the supervision and control of a person capable of operating, maintaining, or moving the vessel from one location to another. A vessel is attended for a day if a person is on board the vessel for four continuous hours in a 24-hour period. Any vessel left unattended for more than ten days out of a 30-day period in an Anchoring Limitation Area demonstrates that the vessel is no longer engaged in navigation and may be deemed an unauthorized stored vessel. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.403 Criteria for Anchoring Limitation Areas.

Sec. 388.403. - Criteria for Anchoring Limitation Areas. The following criteria required by F.S. § 327.4108, as amended from time to time, are as follows: (a) The aggregate total of Anchoring Limitation Areas within Duval County may not exceed ten percent of the County's delineated navigable-in-fact waterways. (b) Each Anchoring Limitation Area established herein must meet all of the following requirements: (1) Be less than 100 acres in size. For purposes of this subsection, the calculated size of the anchoring limitation area does not include any portion of the marked channel of the Florida Intracoastal Waterway contiguous to the anchoring limitation area; (2) Not include any mooring field or marina; and (3) Be clearly marked with the following: a. Signs that provide reasonable notice to boaters identifying the duration of time beyond which anchoring is limited and identifying Ch. 388, Part 4, Ordinance Code, as the ordinance that created the Anchoring Limitation Area. b. Buoys may, if required, also be installed and maintained to mark the boundary of the anchoring limitations areas. (c) The design and the proposed location of the signs, as either posts or buoys, shall be managed by the Parks, Recreation and Community Services Department. The Parks, Recreation and Community Services Department shall coordinate the permitting of the signs and buoys with Florida Fish and Wildlife Conservation Commission ("FWC"), pursuant to F.S. §§ 327.4108, 327.40, and FWC Rules. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.404 Anchoring Limitation Areas Defined.

Sec. 388.404. - Anchoring Limitation Areas Defined. The following areas are designated as Anchoring Limitation Areas: (a) Ortega River Anchoring Limitation Area # 1 [image omitted; see the official code] (b) Ortega River Anchoring Limitation Area # 2 [image omitted; see the official code] (c) Ortega River Anchoring Limitation Area # 3 [image omitted; see the official code] (d) Ortega River Anchoring Limitation Area # 4 [image omitted; see the official code] Renderings of the boundaries of these Anchoring Limitation Areas can also be found at www.coj.net. (Ord. 2022-61-E, § 3)

Jacksonville Ordinance Code § 388.405 Anchoring Restricted in Anchoring Limitation Areas.

Sec. 388.405. - Anchoring Restricted in Anchoring Limitation Areas. (a) A person may not anchor a vessel for more than 45 consecutive days in any six-month period in an Anchoring Limitation Area established in this Part without leaving all Anchoring Limitation Areas on the waters of the county for at least 24 hours, and eight nautical miles away, except as provided in Section 388.406, below. If a person moves a vessel from an Anchoring Limitation Area on or before the forty-fourth day, that vessel shall not relocate to another Anchoring Limitation Area within a radius of eight nautical miles within six months from the date the vessel was moved from an Anchoring Limitation Area. (b) A vessel anchored for one or more nights within an Anchoring Limitation Area, as described in this Part, shall display a current vessel registration decal on the port side of the vessel and shall exhibit an all-around white light where it can best be seen, pursuant to United States Coast Guard Navigation Rules (2023), as amended from time to time. A vessel anchored for more than one night within an Anchoring Limitation Area without a functional, visible all-around white light as described in the USCG Navigation Rules creates an imminent danger to public safety and may constitute a navigational hazard if unreasonable under the prevailing circumstances and may be subject to relocation or removal as a violation of Section 388.304(a). (c) An unattended vessel, as defined in this Part, anchored or moored for more than ten days out of a 30-day period in an Anchoring Limitation Area may be investigated by a law enforcement officer as an unauthorized stored vessel and may be subject to Part 5 of this Chapter. (d) Notwithstanding subsection (a), a person may anchor a vessel in an anchoring limitation area during a time that would otherwise be unlawful: (1) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor for three business days or until the vessel is repaired, whichever occurs first. (2) If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until weather conditions no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.406 Vessels not restricted in Anchoring Limitation Areas.

Sec. 388.406. - Vessels not restricted in Anchoring Limitation Areas. The anchoring restrictions of this Part do not apply to: (a) Vessels owned or operated by a governmental entity for law enforcement, firefighting, military or rescue purposes. (b) Construction or dredging vessels on an active job site. (c) Commercial fishing vessels actively engaged in commercial fishing. (d) Vessels anchored or moored within the riparian rights of the owner of the vessel, and only at a maximum distance from the shore of the riparian owner that provides the depth required for the safe anchoring/mooring of such vessel, considering the swing of the vessel at mean low tide. Riparian rights means those rights incident to the lands bordering upon navigable waters, as recognized by the courts of Florida and in common law. (e) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.407 Enforcement Procedures.

Sec. 388.407. - Enforcement Procedures. (a) A law enforcement officer who has reason to believe that a vessel exists on the waters of the county in violation of this Part has the authority to investigate consistent with this Part. (b) A law enforcement officer investigating a violation of this Part shall make a reasonable effort to ascertain the name and address of the owner and any lien holder. (c) Prior to issuing a citation, the law enforcement officer shall provide the owner, operator, or other person legally responsible for the subject vessel notice of the violation, as described in Section 388.408, and an opportunity to demonstrate proof that the vessel has not exceeded the limitations on anchoring. Proof that the vessel has not exceeded the limitations on anchoring may include any of the following: (1) Documentation showing that the vessel was in another location at least eight nautical miles away, and for at least 24 hours, within a period of less than 45 days before the inquiry; or (2) Electronic evidence, including, but not limited to, navigational devices or tracking devices permanently affixed to the vessel that show the vessel was in another location at least eight nautical miles away, for at least 24 hours, within a period of less than 45 days before the inquiry. (d) After the period for notice of violation as described in Section 388.408(a), if the owner, operator, or other person legally responsible for the vessel fails or refuses to correct the violation or timely provide proof that the vessel has not exceeded the limitations on anchoring, the law enforcement officer who has reasonable cause to believe that the vessel is in violation of this Part may issue a citation as described in Section 388.409. (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.408 Notice of violation, form, method of service.

Sec. 388.408. - Notice of violation, form, method of service. (a) A notice of violation shall be in writing and shall identify the vessel in violation [to include: the registration number of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known)]; the Section of the Code violated; the date(s) of the violation; and the location of the violation (to include: a general physical description and the identity of the Anchoring Limitation Area). The notice shall include a conspicuous statement that if the vessel is not removed within ten days, a citation may be issued. The notice shall provide the name and contact information of an officer to whom proof of non-violation of violation of anchoring limitation term limits may be presented and a statement informing that the owner, operator, or other person legally responsible for the vessel have ten days to provide proof that the vessel has not exceeded the limitations on anchoring, as described in Section 388.407(c), otherwise a citation may be issued. The notice shall inform that a person to whom a citation is issued may request a hearing in the County Court to challenge an issued citation. The notice shall inform that the owner or the party legally responsible for the vessel being unlawfully anchored in an anchoring limitation area may be liable for and all costs incurred by the City to abate the violation, as described in Section 388.103(l), if the vessel is not removed by the owner, operator, or other interested party. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, notice shall be provided by: (1) Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (b); (2) Hand delivery by the sheriff or other law enforcement officer; (3) Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (c) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, notice shall be posted in the following two locations for a period of 30 days: (1) conspicuously posted to the vessel in substantially the form described in Section 388.409; and (2) posted at the primary municipal government office. If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice as set forth in subsection (b), notice may be served by posting as described in this subsection. (d) In addition to providing notice as set forth in subsection (b) or (c), notice may be served by publication, if published in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for four consecutive weeks. If published in print, the notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper in the County, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements. (e) A copy of the notice shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation. (f) Notice by posting or publishing may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (b). (g) Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing. (h) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (b), together with proof of posting as provided in subsection (c), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice. (i) Notice of violation posted to a vessel shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this vessel, to wit: (describe the vessel) is in violation of Section 388.405, Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388, Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). The owner, operator, or other person legally responsible for the vessel may within ten days of the posting of this Notice present evidence of non-violation of the Anchoring Limitation Area restrictions by contacting the officer listed below to provide information described in Section 388.407, Ordinance Code, otherwise a citation may be issued. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or the other party legally responsible for the vessel being unlawfully anchored in an Anchoring Limitation Area may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer). (Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.409 Citations; Form and service of citation.

Sec. 388.409. - Citations; Form and service of citation. Whenever a law enforcement officer with reasonable cause to believe that a vessel on the waters of the county is in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required, and has lapsed, and after an opportunity to demonstrate proof that the vessel has not exceeded the limitations on anchoring has expired (as described in Section 388.407), such officer has the authority to issue a citation consistent with this Part, as follows: (a) A citation issued pursuant to this Part shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued; (3) The date and time of the violation; (4) The number or Section of the Ordinance Code which has been violated; (5) A description of the vessel, to include: the registration number of the vessel; the name of the title owner of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known); (6) The location of the violation, to include: a general physical description and the identity of the Anchoring Limitation Area; (7) Facts constituting reasonable cause to believe the violation has occurred or is occurring. (8) The name and agency authority of the Officer issuing the citation; (9) The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information. (10) The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation. (11) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he or she shall be deemed to have waived the right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty. (12) A conspicuous statement that the vessel owner or operator is directed to remove the vessel from the Anchoring Limitation Area within 12 hours of effective service of the citation. The statement shall include the warning that the vessel may be impounded by law enforcement pursuant to Section 399.411, Ordinance Code, and F.S. § 327.4108(6)(c), if the vessel is not removed from the Anchoring Limitation Area after being served the directive to do so by a law enforcement, or if the vessel is moved it is anchored in violation of Part 4 of Chapter 388 within 12 hours after being issued the citation. (13) A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator, or other person legally responsible for the vessel, for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of this Part. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, service of a citation shall be effectuated upon such person by: (1) Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If a citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the vessel; (2) Hand delivery by the sheriff or other law enforcement officer; (3) Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the citation at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the citation; or (4) In the case of commercial premises, leaving the citation with the manager or other person in charge. (c) Within five days after issuing a citation, the issuing officer shall deposit the original and one copy of the citation with the County Court and shall transmit a copy of the citation to the Director of the Parks, Recreation & Community Services Department, or designee. (d) Upon the issuance of a citation, or as soon as practicable, law enforcement may post to the vessel a directive to remove the vessel. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this vessel, to wit: (describe the vessel) is in violation of Section 388.405, Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388, Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). A citation has been issued. THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE VESSEL ARE DIRECTED TO REMOVE THE VESSEL FROM THE ANCHORING LIMITATION AREA WITHIN 12 HOURS OF THE POSTING OF THIS NOTICE. If the vessel is not removed from the Anchoring Limitation Area in 12 hours, or if the vessel is otherwise anchored in violation of Chapter 388, Section 4, Ordinance Code, within 24 hours, THE VESSEL MAY BE REMOVED AND IMPOUNDED, pursuant to Section 399.411, Ordinance Code, or Florida Statutes Section 327.4108(6)(c). The owner, operator, or other person legally responsible for the vessel may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer). Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and location(s) of its posting. (Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.410 Penalties and Remedies.

Sec. 388.410. - Penalties and Remedies. (a) Notwithstanding Chapter 609, a violation of Anchoring Limitation Areas is punishable as a noncriminal infraction for which the penalty is: (1) For a first offense, up to a maximum of $100. (2) For a second offense, up to a maximum of $250. (3) For a third or subsequent offense, up to a maximum of $500. (b) The penalties under this Section are in addition to other penalties provided by law. (c) In addition to the civil penalty imposed above, the owner or other person legally responsible for a vessel that is removed and impounded pursuant to Section 388.411, must pay all removal and storage fees before the vessel is released. A vessel removed pursuant to Section 388.411 may not be impounded for longer than 48 hours. Following impoundment, the vessel may be stored as described in Section 388.411. (d) All fines relating to this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787, Ordinance Code. (e) Each day during any portion of which a violation of this Part occurs shall constitute a separate offense. (f) The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part. (Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.411 Impoundment, removal and disposal of vessels.

Sec. 388.411. - Impoundment, removal and disposal of vessels. (a) After posting the removal directive to the vessel, as described in Section 388.409(d), a law enforcement officer may authorize the removal of a vessel from an Anchoring Limitation Area and impound the vessel for up to 48 hours, or may cause such removal and impoundment, if the vessel owner, operator or other legally responsible party fails to remove the vessel from the Anchoring Limitation Area or shown reasonable cause for failure to do so, or anchors the vessel in violation of this Part within 12 hours after being issued a citation for violation of this Part. If the vessel is impounded pursuant to this subsection, after 48 hours have elapsed since impoundment, if the vessel owner or other interested party with legal standing on the disposition of the vessel has not claimed the vessel at the designated impoundment location, then the law enforcement officer acting under this Part is authorized to place, or have placed, the vessel into a designated storage location, at the expense of the vessel owner, operator, or other responsible party, until the vessel owner, operator, or responsible party has paid all removal, impoundment, penalty and storage fees which have accrued since impoundment and as a result of any penalties. Notice of removal and storage shall be served in the same manner as provided for notice of violation in Section 388.408. The vessel owner or other interested party with legal standing on the disposition of the vessel may reclaim a stored vessel after payment of towing, impoundment and storage fees. If, within 30 days of service of notice of removal and storage pursuant to this subsection, no attempt has been made to claim the vessel, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, and either: (1) The owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel is known; or (2) After service of the notice of violation has been attempted as provided in Section 388.408, and the term of days to correct the violation has lapsed under Section 388.408, no party legally responsible for the vessel has removed the vessel from the waters of the county or shown reasonable cause for failure to do so, and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation; the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter. (c) If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, and notice of violation has been provided pursuant to Section 388.408, and the term of days to correct the violation has lapsed under Section 388.408, and no person legally responsible for the vessel has caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter. (d) If the following language is included in the notice of violation pursuant to Section 388.408, the term of days required under subsection (a), may run concurrent to the required term of days under Part 5 of this Chapter: IF THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE ATTACHED PROPERTY HAS NOT REMOVED THIS VESSEL FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 30 DAYS OF THE DATE OF THIS NOTICE THIS VESSEL WILL BE REMOVED AND DISPOSED OF AS ABANDONED, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR CHAPTER 388, PART 5, Ordinance Code. (Ord. 2025-432-E, § 6)

Jacksonville Ordinance Code § 388.412 Anchoring Limitation/Public Nuisance Vessel.

Sec. 388.412. - Anchoring Limitation/Public Nuisance Vessel. (a) A vessel that is the subject of four of more violations within 12 months which result in dispositions other than acquittal or dismissal, as described in F.S. § 327.4108, is a vessel habitually in violation of anchoring limitations and shall, by operation of law, be declared an Anchoring Limitation/Public Nuisance Vessel and may be disposed of as provided in this Section, or as provided in F.S. § 705.103. (b) A law enforcement officer with reasonable cause to believe a vessel anchored or moored on the waters of the county is an Anchoring Limitation/Public Nuisance Vessel, the officer shall serve upon the owner, operator, or other person legally responsible for the vessel a notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel ("notice of intent"). Notice of intent shall be in writing and shall identify the vessel in violation [to include: the registration number of the vessel (if known); Hull identification number (if known); the general description of the vessel including, make, model, color and length; and the name of the vessel (if known)]; shall refer to Section 388.412, Ordinance Code, and F.S. § 327.4108; shall include the court case number or citation number of four or more previous violations within 12 months, with the dispositions and dates of disposition for each; and the notice shall include that the owner or other interested party with legal standing on the disposition of the vessel has 30 days from service of the notice of intent to request an administrative hearing regarding on the determination that the vessel is an Anchoring Limitation/Public Nuisance Vessel and that failure to request such hearing shall be deemed a waiver of the right to such administrative hearing. (c) Notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel shall be served by the methods described for a notice of violation pursuant to Section 388.408, except that the content of the notice shall be as described in subsection (b) of this Section, and notice posted to the vessel shall be as described in subsection (d) of this Section. (d) Notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel posted to a vessel shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been declared to be an Anchoring Limitation/Public Nuisance Vessel, as described in Section 388.412, Ordinance Code, and Florida Statutes Section 327.4108, and is unlawfully on the waters of this county in violation of Section 388.405, Ordinance Code, to wit: (brief description of location). The vessel having been the subject of four or more violations of anchoring limitations within 12 months, to wit: [court case number or citation number of four or more previous violations within 12 months, the dispositions and dates of disposition], the vessel is declared to be a public nuisance. The vessel owner or other interested party with legal standing on the disposition of the vessel has 30 days from the date of this notice to request an administrative hearing regarding the determination that the vessel is an Anchoring Limitation/Public Nuisance Vessel, under Section 388.412, Ordinance Code. Failure to request such hearing shall be deemed a waiver of the right to such administrative hearing. THIS VESSEL MUST BE REMOVED WITHIN 21 DAYS OTHERWISE IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.412, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code. Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer). (e) The procedure for hearings requested by adversely affected vessel owners who have received notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel, under this Section shall be as described in Section 388.310, Ordinance Code. (f) Disposal of an Anchoring Limitation/Public Nuisance Vessel may occur as follows: (1) If, after the term of days required for posting, publishing, or mailing notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel, the owner, operator, or other person legally responsible for the vessel has not caused the vessel to be removed or shown reasonable cause for failure to do so, the owner or other interested party with legal standing on the disposition of the vessel has not timely requested an administrative hearing on the determination of the vessel as an Anchoring Limitation/Public Nuisance Vessel, and if a citation has been issued the term of days to contest a citation has lapsed; or (2) If the owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel, or lien holder, can be ascertained by reasonable effort; or, (3) If, following a hearing pursuant to F.S. § 705.103(2)(a)2., a judge, magistrate, administrative law judge, or hearing officer, or in the instance of an administrative proceeding described in Section 388.310, Ordinance Code, a Code Enforcement Officer named as a presiding officer or the Environmental Protection Board, has determined the vessel to be an Anchoring Limitation/Public Nuisance Vessel and a Final Order has been entered; the law enforcement agency or its designee may dispose of the vessel as a lost vessel as described in Section 388.506(f), Ordinance Code. (Ord. 2025-432-E, § 6)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXENAF_CH388BOWA_PT4ANLIARFetched: 10/27/2026