| 1 | A bill to be entitled |
| 2 | An act relating to vessels; creating s. 327.651, F.S.; |
| 3 | prohibiting the operation of soundmaking devices in |
| 4 | vessels so that the sound produced is audible at a certain |
| 5 | distance or louder than necessary for the convenient |
| 6 | hearing by persons inside the vessel in certain areas; |
| 7 | providing exceptions; amending s. 327.73, F.S.; providing |
| 8 | for citation as a noncriminal infraction; providing |
| 9 | penalties; providing an effective date. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Section 327.651, Florida Statutes, is created |
| 14 | to read: |
| 15 | 327.651 Operation of radios or other mechanical |
| 16 | soundmaking devices or instruments in vessels; exemptions.-- |
| 17 | (1) A person operating or occupying a vessel on the waters |
| 18 | of this state may not operate or amplify the sound produced by a |
| 19 | radio, compact disc or tape player, electronic device, or other |
| 20 | mechanical soundmaking device or instrument from within the |
| 21 | vessel so that the sound is: |
| 22 | (a) Plainly audible at a distance of 100 feet or more from |
| 23 | the vessel; or |
| 24 | (b) Louder than necessary for the convenient hearing by |
| 25 | persons inside the vessel in areas adjoining churches, schools, |
| 26 | hospitals or within 100 feet of the shoreline. |
| 27 | (2) This section does not apply to: |
| 28 | (a) Vessels operated commercially, used in shows, events, |
| 29 | exhibitions, or tournaments. This subsection does not prevent |
| 30 | local authorities, with respect to waters of this state under |
| 31 | their local jurisdiction and with the reasonable exercise of |
| 32 | police power, from regulating the time and manner in which such |
| 33 | business may be operated. |
| 34 | (b) Regattas, parades, or other marine events conducted |
| 35 | under s. 327.48 or permitted under 33 C.F.R. part 100. |
| 36 | (c) Sound signals indicating maneuvering or warnings in |
| 37 | compliance with navigation rules. |
| 38 | (d) Any law enforcement vessel equipped with any |
| 39 | soundmaking device necessary in the performance of law |
| 40 | enforcement duties or any emergency vessel equipped with any |
| 41 | communication device necessary in the performance of any |
| 42 | emergency procedures. |
| 43 | Section 2. Paragraph (x) is added to subsection (1) of |
| 44 | section 327.73, Florida Statutes, to read: |
| 45 | 327.73 Noncriminal infractions.-- |
| 46 | (1) Violations of the following provisions of the vessel |
| 47 | laws of this state are noncriminal infractions: |
| 48 | (x) Section 327.651, relating to operation of radios or |
| 49 | other mechanical soundmaking devices or instruments in vessels. |
| 50 |
|
| 51 | Any person cited for a violation of any such provision shall be |
| 52 | deemed to be charged with a noncriminal infraction, shall be |
| 53 | cited for such an infraction, and shall be cited to appear |
| 54 | before the county court. The civil penalty for any such |
| 55 | infraction is $50, except as otherwise provided in this section. |
| 56 | Any person who fails to appear or otherwise properly respond to |
| 57 | a uniform boating citation shall, in addition to the charge |
| 58 | relating to the violation of the boating laws of this state, be |
| 59 | charged with the offense of failing to respond to such citation |
| 60 | and, upon conviction, be guilty of a misdemeanor of the second |
| 61 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
| 62 | written warning to this effect shall be provided at the time |
| 63 | such uniform boating citation is issued. |
| 64 | Section 3. This act shall take effect October 1, 2007. |