Sec. 387.104. - Exemptions.

(1) Single-event exemptions from local speed restrictions within certain sections of the St. Johns River for the purpose of powerboat racing demonstrations, ski shows and similar events may be granted. The following conditions, limitations and procedures for application apply: (a) For each event for which an exemption is requested, an application for a variance from Rule 68C-22.027, Florida Administrative Code shall be submitted to the Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Tallahassee, FL 32399, and a copy of the variance application shall be submitted to the Jacksonville Waterways Commission, City Hall-St. James, Suite 425, 117 West Duval Street, Jacksonville, Florida 32202, at least 90 days prior to the event. In addition to information required by the F.S. Ch. 120 and State rules, the variance application shall clearly state: (i) The nature and scope of the boat race, ski show or other event, including estimated numbers and nature/configuration of vessels involved and maximum speeds anticipated. (ii) The specific area within which the event will be conducted described in the letter of application and depicted on a National Ocean Survey nautical chart; (iii) The month and day (if known) of the event; and (iv) Justification for holding the event within waters regulated for manatee protection, clearly demonstrating why no alternative site is suitable for the event. (b) Single-event exemptions from local speed restrictions will be considered only for events to be conducted along the St. Johns River between the Hart and Acosta Bridges and only for events to be conducted during daylight hours. (c) Upon receipt of a variance from the Florida Fish and Wildlife Conservation Commission and a letter from the Jacksonville Waterways Commission granting the exemption, the recipient shall comply with all nonexempt provisions of this Chapter and with all conditions and limitations of the variance issued by the Fish and Wildlife Conservation Commission and the nontransferable letter of exemption issued by the Jacksonville Waterways Commission, as well as with any specific notice requirements as may be requested by the Jacksonville Sheriff's Office. Failure to comply with the exemption conditions, and any finding of fraudulent use and/or application for said exemption, shall be cause for its immediate revocation, including suspension of exemption privileges prior to, or during, the exempted event. (d) The recipient shall also comply with all other conditions (and/or determinations issued concurrent with, or subsequent to, said letter-of-exemption) as may be specified by the U.S. Coast Guard and other appropriate State or federal authorities as they may relate to manatee protection. (2) Exemptions for commercial fishermen, fishing guides and others are provided in Rule 68C-22.003, Fla. Admin. Code, which is adopted by reference. Any person entitled to an exemption under that rule is exempt from comparable local restrictions. (Ord. 97-651-E, § 5; Ord. 2000-937-E, § 3; Ord. 2007-730-E, § 2)