Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1548
       
       
       
       
       
                               Ì488530$Î488530                          
       
       594-04119-15                                                    
       Proposed Committee Substitute by the Committee on Fiscal Policy
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.02,
    3         F.S.; defining the terms “developed waterfront
    4         property” and “safe harbor”; creating s. 327.4107,
    5         F.S.; specifying how vessels may be anchored or moored
    6         outside public mooring fields on the waters of this
    7         state; providing a noncriminal infraction; providing
    8         an exception for counties or municipalities
    9         participating in the anchoring and mooring pilot
   10         program; amending s. 327.70, F.S.; authorizing the
   11         mailing of a uniform boating citation to the
   12         registered owner of an unattended vessel for
   13         circumstances when a vessel is at risk of becoming
   14         derelict; amending s. 327.73, F.S.; specifying the
   15         noncriminal infraction for violations of s. 327.4107,
   16         F.S.; amending s. 327.391, F.S.; conforming a cross
   17         reference; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (9) through (39) are
   22  redesignated as subsections (10) through (40), respectively, and
   23  present subsections (40) through (44) are redesignated as
   24  subsections (42) through (46), respectively, of section 327.02,
   25  Florida Statutes, and new subsections (9) and (41) are added to
   26  that section, to read:
   27         327.02 Definitions.—As used in this chapter and in chapter
   28  328, unless the context clearly requires a different meaning,
   29  the term:
   30         (9) “Developed waterfront property” means any upland
   31  property bounded on at least one side by the waters of the
   32  state, above the mean high water mark of the shoreline or
   33  seawall, upon which a single-family home, multi-family
   34  apartment, townhouse, condominium, or other similar residential
   35  dwelling exists. The term does not include docks and other
   36  infrastructure adjacent thereto or properties with mixed
   37  residential and commercial use.
   38         (41)“Safe harbor” means taking refuge by temporarily
   39  anchoring, mooring, or docking due to a mechanical breakdown or
   40  when imminent or existing extreme weather conditions impose an
   41  unreasonable risk of harm. A vessel may remain anchored, moored,
   42  or docked until repaired, which must occur within 7 business
   43  days, or in the event of extreme weather, until weather
   44  conditions improve to the point where it is no longer perilous
   45  to operate the vessel.
   46         Section 2. Section 327.4107, Florida Statutes, is created
   47  to read:
   48         327.4107 Anchoring and mooring of vessels outside public
   49  mooring fields.—
   50         (1) The anchoring or mooring of a vessel other than live
   51  aboard vessels on the waters of this state may be regulated only
   52  as provided in this chapter and chapter 403.
   53         (a) An owner, operator, or person in charge of a vessel may
   54  not anchor or moor a vessel within 200 feet of the marked
   55  boundary of a permitted mooring field, any public boat ramp,
   56  hoist, marine railway, or other launching or landing facility
   57  available for use by the general public.
   58         (b) An owner, operator, or person in charge of a vessel may
   59  not anchor or moor a vessel within 200 feet of the shoreline of
   60  developed waterfront property, as defined in s. 327.02, between
   61  the times of one hour past sunset and one hour before sunrise
   62  except as follows:
   63         1. Vessels requiring safe harbor, in which case the vessel
   64  may remain anchored or moored for 7 business days until
   65  repaired, or in the event of extreme weather, until weather
   66  conditions improve to the point where it is no longer perilous
   67  to operate the vessel.
   68         2. Vessels in transit upon which the owner, operator, or
   69  person in charge of the vessel is incapable of safely operating
   70  the vessel due to physical exhaustion, provided that anchoring
   71  or mooring is limited to one overnight period.
   72         3. Vessels owned or operated by a governmental entity for
   73  law enforcement, firefighting, or rescue purposes.
   74         4. Construction or dredging vessels while on an active job
   75  site.
   76         5.Vessels actively engaged in commercial fishing.
   77         6.Vessels engaged in recreational fishing whereby persons,
   78  onboard or in the water in the immediate vicinity of the vessel,
   79  are actively tending fishing gear other than traps.
   80         7. Vessels present for the duration of events as described
   81  in s. 327.48.
   82         (c) An owner, operator, or person in charge of a vessel may
   83  not anchor or moor a vessel if any of the following
   84  circumstances exist, unless the vessel requires safe harbor, in
   85  which case a vessel may remain anchored, moored, or docked until
   86  repaired, which must occur within 7 business days:
   87         1.The vessel is taking or has taken on water without an
   88  effective means to dewater.
   89         2.Spaces on the vessel which are designed to be enclosed
   90  are incapable of being sealed off or remain open to the elements
   91  for extended periods of time.
   92         3.The vessel is leaking petroleum products or other
   93  harmful contaminants in violation of law.
   94         4.The vessel has broken loose or is in danger of breaking
   95  loose from its anchor or mooring.
   96         5.The vessel is involved in one or more violations of
   97  marine sanitation laws.
   98         6.The vessel is listing due to water intrusion, is sunk,
   99  partially sunken, or is left aground while unattended.
  100         (2) A person who anchors or moors a vessel in violation of
  101  this section commits a noncriminal infraction, punishable as
  102  provided in s. 327.73.
  103         (3) Penalties provided in this section are in addition to
  104  penalties already provided in Florida Statutes.
  105         (4) Notwithstanding this section, a county or municipality
  106  participating in the anchoring and mooring pilot program may
  107  continue to regulate the anchoring or mooring of non-live-aboard
  108  vessels as provided under s. 327.4105.
  109         Section 3. Paragraph (a) of subsection (2) of section
  110  327.70, Florida Statutes, is amended to read:
  111         327.70 Enforcement of this chapter and chapter 328.—
  112         (2)(a) Noncriminal violations of the following statutes may
  113  be enforced by a uniform boating citation mailed to the
  114  registered owner of an unattended vessel anchored, aground, or
  115  moored on the waters of this state:
  116         1. Section 327.33(3)(b), relating to navigation rules.
  117         2. Section 327.44, relating to interference with
  118  navigation.
  119         3. Section 327.50(2), relating to required lights and
  120  shapes.
  121         4. Section 327.53, relating to marine sanitation.
  122         5. Section 328.48(5), relating to display of decal.
  123         6. Section 328.52(2), relating to display of number.
  124         7. Section 327.4107, relating to circumstances when a
  125  vessel is at risk of becoming derelict.
  126         Section 4. Paragraph (y) is added to subsection (1) of
  127  section 327.73, Florida Statutes, to read:
  128         327.73 Noncriminal infractions.—
  129         (1) Violations of the following provisions of the vessel
  130  laws of this state are noncriminal infractions:
  131         (y) Section 327.4107, relating to the anchoring of vessels
  132  outside public mooring fields, for which the civil penalty is:
  133         1. For a first offense, $50.
  134         2. For a second offense, $100.
  135         3. For a third or subsequent offense, $250.
  136  
  137  Any person cited for a violation of any provision of this
  138  subsection shall be deemed to be charged with a noncriminal
  139  infraction, shall be cited for such an infraction, and shall be
  140  cited to appear before the county court. The civil penalty for
  141  any such infraction is $50, except as otherwise provided in this
  142  section. Any person who fails to appear or otherwise properly
  143  respond to a uniform boating citation shall, in addition to the
  144  charge relating to the violation of the boating laws of this
  145  state, be charged with the offense of failing to respond to such
  146  citation and, upon conviction, be guilty of a misdemeanor of the
  147  second degree, punishable as provided in s. 775.082 or s.
  148  775.083. A written warning to this effect shall be provided at
  149  the time such uniform boating citation is issued.
  150         Section 5. Subsection (1) of section 327.391, Florida
  151  Statutes, is amended to read:
  152         327.391 Airboats regulated.—
  153         (1) The exhaust of every internal combustion engine used on
  154  any airboat operated on the waters of this state shall be
  155  provided with an automotive-style factory muffler, underwater
  156  exhaust, or other manufactured device capable of adequately
  157  muffling the sound of the exhaust of the engine as described in
  158  s. 327.02(28) s. 327.02(25). The use of cutouts or flex pipe as
  159  the sole source of muffling is prohibited, except as provided in
  160  subsection (4). Any person who violates this subsection commits
  161  a noncriminal infraction punishable as provided in s. 327.73(1).
  162         Section 6. This act shall take effect July 1, 2015.