Florida Senate - 2015                                    SB 1548
       By Senator Dean
       5-01094-15                                            20151548__
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.02,
    3         F.S.; defining terms; creating s. 327.4107, F.S.;
    4         specifying how vessels may be anchored or moored on
    5         waters of the state; amending s. 327.73, F.S.;
    6         providing a noncriminal infraction; amending s.
    7         327.391, F.S.; conforming a cross-reference; providing
    8         an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Present subsections (9) through (39) of section
   13  327.02, Florida Statutes, are redesignated as subsections (10)
   14  through (40), respectively, and present subsections (40) through
   15  (44) of that section are redesignated as subsections (42)
   16  through (46), respectively, and new subsections (9) and (41) are
   17  added to that section, to read:
   18         327.02 Definitions.—As used in this chapter and in chapter
   19  328, unless the context clearly requires a different meaning,
   20  the term:
   21         (9) “Developed waterfront property” means any upland
   22  property bounded on at least one side by the waters of the
   23  state, above the mean high water mark of the shoreline or
   24  seawall, upon which a single-family home, multi-family
   25  apartment, townhouse, condominium, or other similar residential
   26  dwelling exists. The term does not include docks and other
   27  infrastructure adjacent thereto or properties with mixed
   28  residential and commercial use.
   29         (41)“Safe harbor” means taking refuge by temporarily
   30  anchoring, mooring, or docking due to a mechanical breakdown or
   31  when imminent or existing extreme weather conditions impose an
   32  unreasonable risk of harm. A vessel may remain anchored, moored,
   33  or docked until repaired, which must occur within 7 working
   34  days, or in the event of extreme weather, until weather
   35  conditions improve to the point it is no longer perilous to
   36  operate the vessel.
   37         Section 2. Section 327.4107, Florida Statutes, is created
   38  to read:
   39         327.4107 Anchoring and mooring of vessels outside public
   40  mooring fields.—
   41         (1) The anchoring or mooring of a vessel other than live
   42  aboard vessels on the waters of this state may be regulated only
   43  as provided in this chapter and chapter 403.
   44         (a) An owner, operator, or person in charge of a vessel may
   45  not anchor or moor a vessel within 200 feet of the marked
   46  boundary of a permitted mooring field or any public boat ramp,
   47  hoist, marine railway, or other launching or landing facility
   48  available for use by the general public.
   49         (b) An owner, operator, or person in charge of a vessel may
   50  not anchor or moor a vessel within 200 feet of the shoreline of
   51  developed waterfront property, as defined in s. 327.02, between
   52  the times of one hour past sunset and one hour before sunrise
   53  except as follows:
   54         1. Vessels requiring safe harbor, in which case the vessel
   55  may remain anchored for 7 working days until repaired, or in the
   56  event of extreme weather, until weather conditions improve to
   57  the point it is no longer perilous to operate the vessel.
   58         2. Vessels owned or operated by a governmental entity for
   59  law enforcement, firefighting, or rescue purposes.
   60         3. Vessels involved in active construction activities,
   61  active dredging, or active recreational fishing.
   62         4. Vessels present for the duration of special events, such
   63  as public music performances, government waterfront activities,
   64  boat parades, and fireworks displays.
   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:
   68         1. The vessel is incapable of navigating under its own
   69  means of propulsion as intended by the vessel’s manufacturer.
   70         2. The vessel is taking or has taken on water without
   71  effective means to dewater.
   72         3. Spaces on the vessel that are designed to be enclosed
   73  are incapable of being sealed off or remain open to the elements
   74  for extended periods of time.
   75         4. The vessel is leaking petroleum products or other
   76  harmful contaminants in violation of law.
   77         5. The vessel has broken loose or is in danger of breaking
   78  loose from its anchor or mooring.
   79         6. The vessel is involved in one or more violations of
   80  marine sanitation laws.
   81         7. The vessel is listing due to water intrusion, or is
   82  sunk, partially sunken, or left aground and is unattended.
   83         (2) A person who anchors or moors a vessel in violation of
   84  this chapter commits a noncriminal infraction, punishable as
   85  provided in s. 327.73.
   86         Section 3. Paragraph (y) is added to subsection (1) of
   87  section 327.73, Florida Statutes, to read:
   88         327.73 Noncriminal infractions.—
   89         (1) Violations of the following provisions of the vessel
   90  laws of this state are noncriminal infractions:
   91         (y) Section 327.4107, relating to anchoring of vessels
   92  outside public mooring fields, for which the civil penalty upon
   93  conviction is:
   94         1. For a first offense, $50.
   95         2. For a second offense, $100.
   96         3. For a third or subsequent offense, $250.
   98  Any person cited for a violation of any provision of this
   99  subsection shall be deemed to be charged with a noncriminal
  100  infraction, shall be cited for such an infraction, and shall be
  101  cited to appear before the county court. The civil penalty for
  102  any such infraction is $50, except as otherwise provided in this
  103  section. Any person who fails to appear or otherwise properly
  104  respond to a uniform boating citation shall, in addition to the
  105  charge relating to the violation of the boating laws of this
  106  state, be charged with the offense of failing to respond to such
  107  citation and, upon conviction, be guilty of a misdemeanor of the
  108  second degree, punishable as provided in s. 775.082 or s.
  109  775.083. A written warning to this effect shall be provided at
  110  the time such uniform boating citation is issued.
  111         Section 4. Subsection (1) of section 327.391, Florida
  112  Statutes, is amended to read:
  113         327.391 Airboats regulated.—
  114         (1) The exhaust of every internal combustion engine used on
  115  any airboat operated on the waters of this state shall be
  116  provided with an automotive-style factory muffler, underwater
  117  exhaust, or other manufactured device capable of adequately
  118  muffling the sound of the exhaust of the engine as described in
  119  s. 327.02(28) s. 327.02(25). The use of cutouts or flex pipe as
  120  the sole source of muffling is prohibited, except as provided in
  121  subsection (4). Any person who violates this subsection commits
  122  a noncriminal infraction punishable as provided in s. 327.73(1).
  123         Section 5. This act shall take effect July 1, 2015.