Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1548
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2015           .                                

       The Committee on Environmental Preservation and Conservation
       (Dean) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (9) through (39) are
    6  redesignated as subsections (10) through (40), respectively, and
    7  present subsections (40) through (44) are redesignated as
    8  subsections (42) through (46), respectively, of section 327.02,
    9  Florida Statutes, and new subsections (9) and (41) are added to
   10  that section, to read:
   11         327.02 Definitions.—As used in this chapter and in chapter
   12  328, unless the context clearly requires a different meaning,
   13  the term:
   14         (9) “Developed waterfront property” means any upland
   15  property bounded on at least one side by the waters of the
   16  state, above the mean high water mark of the shoreline or
   17  seawall, upon which a single-family home, multi-family
   18  apartment, townhouse, condominium, or other similar residential
   19  dwelling exists. The term does not include docks and other
   20  infrastructure adjacent thereto or properties with mixed
   21  residential and commercial use.
   22         (41)“Safe harbor” means taking refuge by temporarily
   23  anchoring, mooring, or docking due to a mechanical breakdown or
   24  when imminent or existing extreme weather conditions impose an
   25  unreasonable risk of harm. A vessel may remain anchored, moored,
   26  or docked until repaired, which must occur within 7 business
   27  days, or in the event of extreme weather, until weather
   28  conditions improve to the point where it is no longer perilous
   29  to operate the vessel.
   30         Section 2. Section 327.4107, Florida Statutes, is created
   31  to read:
   32         327.4107 Anchoring and mooring of vessels outside public
   33  mooring fields.—
   34         (1) The anchoring or mooring of a vessel other than live
   35  aboard vessels on the waters of this state may be regulated only
   36  as provided in this chapter and chapter 403.
   37         (a) An owner, operator, or person in charge of a vessel may
   38  not anchor or moor a vessel within 200 feet of the marked
   39  boundary of a permitted mooring field, any public boat ramp,
   40  hoist, marine railway, or other launching or landing facility
   41  available for use by the general public.
   42         (b) An owner, operator, or person in charge of a vessel may
   43  not anchor or moor a vessel within 200 feet of the shoreline of
   44  developed waterfront property, as defined in s. 327.02, between
   45  the times of one hour past sunset and one hour before sunrise
   46  except as follows:
   47         1. Vessels requiring safe harbor, in which case the vessel
   48  may remain anchored for 7 business days until repaired, or in
   49  the event of extreme weather, until weather conditions improve
   50  to the point where it is no longer perilous to operate the
   51  vessel.
   52         2.Vessels in transit upon which the captain and crew are
   53  incapable of safely continuing their journey due to physical
   54  exhaustion, provided that anchoring or mooring is limited to one
   55  overnight period before continuing toward its destination.
   56         3. Vessels owned or operated by a governmental entity for
   57  law enforcement, firefighting, or rescue purposes.
   58         4. Construction or dredging vessels while on an active job
   59  site.
   60         5.Vessels actively engaged in commercial fishing.
   61         6.Vessels engaged in recreational fishing whereby persons
   62  onboard are actively tending hook and line fishing gear or nets.
   63         7. Vessels present for the duration of events as described
   64  in s. 327.48.
   65         (c) An owner, operator, or person in charge of a vessel may
   66  not anchor or moor a vessel if any of the following conditions
   67  exist, unless the condition is a result of an exigent
   68  circumstance:
   69         1.The vessel is taking or has taken on water without
   70  effective means to dewater.
   71         2.Spaces on the vessel which are designed to be enclosed
   72  are incapable of being sealed off or remain open to the elements
   73  for extended periods of time.
   74         3.The vessel is leaking petroleum products or other
   75  harmful contaminants in violation of law.
   76         4.The vessel has broken loose or is in danger of breaking
   77  loose from its anchor or mooring.
   78         5.The vessel is involved in one or more violations of
   79  marine sanitation laws.
   80         6.The vessel is listing due to water intrusion, is sunk,
   81  partially sunken, or is left aground while unattended.
   82         (2) A person who anchors or moors a vessel in violation of
   83  this section commits a noncriminal infraction, punishable as
   84  provided in s. 327.73.
   85         (3) Penalties provided in this section are in addition to
   86  penalties already provided in Florida Statutes.
   87         (4) Notwithstanding this section, a county or municipality
   88  participating in the anchoring and mooring pilot program may
   89  continue to regulate the anchoring or mooring of non-live-aboard
   90  vessels as provided under s. 327.4105.
   91         Section 3. Paragraph (y) is added to subsection (1) of
   92  section 327.73, Florida Statutes, to read:
   93         327.73 Noncriminal infractions.—
   94         (1) Violations of the following provisions of the vessel
   95  laws of this state are noncriminal infractions:
   96         (y) Section 327.4107, relating to the anchoring of vessels
   97  outside public mooring fields, for which the civil penalty upon
   98  conviction is:
   99         1. For a first offense, $50.
  100         2. For a second offense, $100.
  101         3. For a third or subsequent offense, $250.
  103  Any person cited for a violation of any provision of this
  104  subsection shall be deemed to be charged with a noncriminal
  105  infraction, shall be cited for such an infraction, and shall be
  106  cited to appear before the county court. The civil penalty for
  107  any such infraction is $50, except as otherwise provided in this
  108  section. Any person who fails to appear or otherwise properly
  109  respond to a uniform boating citation shall, in addition to the
  110  charge relating to the violation of the boating laws of this
  111  state, be charged with the offense of failing to respond to such
  112  citation and, upon conviction, be guilty of a misdemeanor of the
  113  second degree, punishable as provided in s. 775.082 or s.
  114  775.083. A written warning to this effect shall be provided at
  115  the time such uniform boating citation is issued.
  116         Section 4. Subsection (1) of section 327.391, Florida
  117  Statutes, is amended to read:
  118         327.391 Airboats regulated.—
  119         (1) The exhaust of every internal combustion engine used on
  120  any airboat operated on the waters of this state shall be
  121  provided with an automotive-style factory muffler, underwater
  122  exhaust, or other manufactured device capable of adequately
  123  muffling the sound of the exhaust of the engine as described in
  124  s. 327.02(28) s. 327.02(25). The use of cutouts or flex pipe as
  125  the sole source of muffling is prohibited, except as provided in
  126  subsection (4). Any person who violates this subsection commits
  127  a noncriminal infraction punishable as provided in s. 327.73(1).
  128         Section 5. This act shall take effect July 1, 2015.
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete everything before the enacting clause
  133  and insert:
  134                        A bill to be entitled                      
  135         An act relating to vessel safety; amending s. 327.02,
  136         F.S.; defining terms; creating s. 327.4107, F.S.;
  137         specifying how vessels may be anchored or moored
  138         outside public mooring fields on waters of this state;
  139         providing a noncriminal infraction; providing an
  140         exception for counties or municipalities participating
  141         in the anchoring and mooring pilot program; amending
  142         s. 327.73, F.S., relating to the anchoring of vessels
  143         outside public mooring fields; amending s. 327.391,
  144         F.S.; conforming a cross-reference; providing an
  145         effective date.