FWC Executive Order 20-09 STATE OF FLORIDA
FLORIDA FISH AND WILDLIFE CONSERVATION COM1VIISSION
FWC EXECUTIVE ORDER NO. 20-09 RECREATIONAL VESSELS
COVID-19
WHEREAS, The Fish and Wildlife Conservation Commission of the State of Florida, acts under
the authority of Article IV, Section 9, of the Florida Constitution, and acts through its Executive
Director under 68-1.009,F.A.C.,Delegations of Authority, February 14,2013,Parag aphs 17 and
22; and
WHEREAS,Florida Governor Ron DeSantis on March 1,2020 by Executive Order No.: 20-51,
directed the State Health Officer and Surgeon General,Dr. Scott Rivkees to declare a public
emergency in the State of Florida pursuant to F.S. 381.00315; and
WHEREAS, Governor DeSantis issued Executive Order No.: 20-52 on March 9,2020,pursuant
to the authority vested in him by Article IV, Section 1(a)of the Florida Constitution,the State
Emergency Management Act, s. 252.31,Florida Statutes,et al., as amended, and all other
applicable laws declared a State of Emergency for the State of Florida as a result of COVID-19;
and
WHEREAS,the Centers for Disease Control and Prevention("CDC")recommends community
preparedness and various prevention and mitigation measures be taken. These measures include
among other things,keeping people away from persons who are sick or have been exposed to
persons ill with COVID-19,limiting face-to face contact with individuals who are sick or have
been exposed to persons ill with COVID-19, exercising social distancing which includes avoiding
congregate settings, and maintaining distance(approximately 6 feet or 2 meters)from others and
remaining at home; and
WHEREAS,on March 16, 2020,President Donald J. Trump and the CDC issued the"15 Days to
Slow the Spread"guidance advising individuals to adopt far-reaching social distancing measures,
such as working from home and avoiding gatherings of more than 10 people; and
WHEREAS,the CDC states that large events and mass gatherings can contribute to the spread of
COVID-19 whether organized by communities or by individuals, and the Commission has
observed and received numerous reports from across the state that large numbers of vessels are
congregating together in various locations across the state,tying up or anchoring close together,
and individuals are often leaving their vessels and assembling closely in shallow water; and
WHEREAS, Section 327.71, F.S.,authorizes the Commission to issue temporary exemptions to
any provisions of Chapter 327 if it determines that federal law imposes less restrictive
requirements or determines that the exemption will not adversely affect boating safety.
NOW THEREFORE,pursuant to the authority granted by Executive Orders 20-51,20-52 of the
Executive Office of the Governor and consistent with Executive Order 20-68;pursuant to the
Commission's aforementioned delegations of authority; and pursuant to the authority granted in
327.71,F.S.to create temporary exemptions from any provision of Chapter 327 or the rules
Doc#2262241 Bk#3016 Pg#1901 E020-09, 1 of 3
Recorded 4/3/2020 9:12 AM Page 1 of 3
Filed and Recorded in Official Records of
MONROE COUNTY KEVPN MADOK,CPA
thereunder and notwithstanding anything to the contrary in Florida Statutes or Florida
Administrative Code:
1. In order to protect the public from the continued spread of COVID-19 I hereby suspend
any provisions of Section 327.02,F.S., Section 327.46, F.S., or any other provision of
Chapter 327 or regulation thereunder that limits the Commission's ability to implement
boating restrictions on the vessels on the waters of this state necessary to enforce effective
social distancing provisions; and
2. I interpret"other navigational hazards"within Section 327.46, F.S., for purposes of this
order,to include behavior that may result in mass gatherings or congregations of people
susceptible to the spread of COVID-19; and
3. I further determine that vessels accessing the waters of the state that do not follow the
requirements outlined below constitute a"hazard to public safety"during this public health
emergency; and
4. I hereby designate all waters of the state to be a boating-restricted area and the owners and
operators of recreational vessels,as defined in s. 327.02, F.S.,thereon are subject to the
following restrictions:
a. Recreational vessel occupancy is limited to no more than 10 persons per vessel; and
b. A minimum distance of 50 feet between recreational vessels and any other vessel
shall be maintained;
i. This distance provision does not apply to permitted mooring fields,public
or private marinas, or any other permanently installed wet slips,and does
not apply to vessels underway unless they are tied,rafted or moored to
another vessel.
This Order shall be effective upon execution and shall expire when the Governor's Executive
Order 20-52,expires, or any extension thereof,unless rescinded or superseded at a sooner date.
Specific Authority: Executive Order No. 20-52 of the Executive Office of the Governor,Article
IV, Section 9,Florida Constitution, Sections 20.331, 327.71, 327.46,and
327.70,Florida Statutes and Rule 68-1.009,F.A.C.
E020-09,2 of 3
Outmairuo
DLIFs
•44\\-............i
it
••.•0,y! Given under my hand and seal of the Florida
.�;' -TA�' •- � Fish and Wildlife Conservation Commission
of �; xi,; on this 27th day of March,2020
= s; <
ue a 'C—
11 4 (
c°'1MISSIC*? \ ,/'---,-- ..e'\_-__
Eric.Sutton
Executive Director
n�Attest:_ l`�—�
ency Clerk
E020-09,3 of 3