Florida Senate - 2017 SB 1338
By Senator Book
32-01187A-17 20171338__
1 A bill to be entitled
2 An act relating to vessels; amending s. 327.02, F.S.;
3 defining the term “effective means of propulsion for
4 safe navigation”; revising the definition of the term
5 “live-aboard vessel”; amending s. 327.391, F.S.;
6 making a conforming change; amending s. 327.4107,
7 F.S.; providing an additional condition for a vessel
8 at risk of becoming derelict on waters of this state;
9 amending s. 327.4108, F.S.; removing the expiration
10 for a section relating to anchoring of vessels in
11 anchoring limitation areas; creating s. 327.4109,
12 F.S.; prohibiting anchoring or mooring of vessels or
13 floating structures in certain areas; providing
14 exceptions for certain conditions; providing
15 exceptions for certain vessels; prohibiting vessels or
16 floating structures from affixing to unlawful objects
17 that are on or affixed to the bottom of waters of the
18 state; providing penalties; amending s. 327.60, F.S.;
19 authorizing a local government to enact and enforce
20 regulations related to proof of pumpout in certain
21 areas; requiring the Fish and Wildlife Conservation
22 Commission to review such regulations; amending s.
23 327.70, F.S.; providing for issuance of uniform
24 boating citations for certain violations; amending s.
25 327.73, F.S.; providing penalties; amending s. 328.72,
26 F.S.; providing penalties; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsections (11) through (44) of section 327.02,
32 Florida Statutes, are renumbered as subsections (12) through
33 (45), respectively, present subsection (19) of that section is
34 amended, and a new subsection (11) is added to that section, to
35 read:
36 327.02 Definitions.—As used in this chapter and in chapter
37 328, unless the context clearly requires a different meaning,
38 the term:
39 (11) “Effective means of propulsion for safe navigation”
40 means the vessel is equipped with:
41 (a) A functioning motor, controls, and steering system; or
42 (b) Rigging and sails that are present and in good working
43 order, and a functioning steering system.
44 (20)(19) “Live-aboard vessel” means:
45 (a) A vessel used solely as a residence and not for
46 navigation;
47 (b) A vessel represented as a place of business or a
48 professional or other commercial enterprise; or
49 (c) A vessel for which a declaration of domicile has been
50 filed pursuant to s. 222.17; or
51 (d) A vessel as described in paragraph (a) or paragraph (b)
52 which does not have an effective means of propulsion for safe
53 navigation.
54
55 A commercial fishing boat is expressly excluded from the term
56 “live-aboard vessel.”
57 Section 2. Subsection (1) of section 327.391, Florida
58 Statutes, is amended to read:
59 327.391 Airboats regulated.—
60 (1) The exhaust of every internal combustion engine used on
61 any airboat operated on the waters of this state shall be
62 provided with an automotive-style factory muffler, underwater
63 exhaust, or other manufactured device capable of adequately
64 muffling the sound of the exhaust of the engine as described in
65 s. 327.02(28) s. 327.02(27). The use of cutouts or flex pipe as
66 the sole source of muffling is prohibited, except as provided in
67 subsection (4). Any person who violates this subsection commits
68 a noncriminal infraction punishable as provided in s. 327.73(1).
69 Section 3. Paragraph (e) is added to subsection (2) of
70 section 327.4107, Florida Statutes, to read:
71 327.4107 Vessels at risk of becoming derelict on waters of
72 this state.—
73 (2) An officer of the commission or of a law enforcement
74 agency specified in s. 327.70 may determine that a vessel is at
75 risk of becoming derelict if any of the following conditions
76 exist:
77 (e) The owner or operator of a vessel receives notice from
78 an officer that the vessel does not have an effective means of
79 propulsion for safe navigation and 72 hours after notification
80 by the officer, the vessel still does not have an effective
81 means of propulsion for safe navigation.
82 Section 4. Subsection (7) of section 327.4108, Florida
83 Statutes, is amended to read:
84 327.4108 Anchoring of vessels in anchoring limitation
85 areas.—
86 (7) This section expires upon the Legislature’s adoption of
87 the commission’s recommendations for the regulation of mooring
88 vessels outside of public mooring fields pursuant to s.
89 327.4105.
90 Section 5. Section 327.4109, Florida Statutes, is created
91 to read:
92 327.4109 Anchoring or mooring prohibited; exceptions;
93 penalties.—
94 (1) A vessel or floating structure may not anchor or moor:
95 (a) Within 150 feet of any marina, boat ramp, or other
96 vessel launching or loading facility; or
97 (b) Within 300 feet of public mooring field boundaries.
98 (2) Notwithstanding subsection (1), an owner or operator of
99 a vessel may anchor or moor within 150 feet of any marina, boat
100 ramp, or other vessel launching or loading facility or within
101 300 feet of public mooring field boundaries:
102 (a) If the vessel suffers a mechanical failure that poses
103 an unreasonable risk of harm to the vessel or the persons
104 onboard unless the vessel anchors or moors. The vessel may
105 anchor or moor for 3 business days or until the vessel is
106 repaired, whichever occurs first.
107 (b) If imminent or existing weather in the vicinity of the
108 vessel poses an unreasonable risk of harm to the vessel or the
109 persons onboard unless the vessel anchors or moors. The vessel
110 may anchor or moor until weather conditions no longer pose such
111 risk. During a hurricane or tropical storm, weather conditions
112 are deemed to no longer pose an unreasonable risk of harm when
113 the hurricane or tropical storm warning affecting the area has
114 expired.
115 (3) Subsection (1) does not apply to:
116 (a) Vessels owned or operated by a governmental entity.
117 (b) Construction or dredging vessels on an active job site.
118 (c) Vessels actively engaged in commercial fishing.
119 (d) Vessels engaged in recreational fishing and the persons
120 onboard are actively tending hook and line fishing gear or nets.
121 (4) A vessel or floating structure may not anchor, moor,
122 tie, or otherwise affix to an unpermitted, unauthorized, or
123 otherwise unlawful object that is on or affixed to the bottom of
124 waters of this state. This subsection does not apply to a
125 private mooring lawfully owned on private submerged lands.
126 (5) A violation of this section is:
127 (a) For a first violation, a noncriminal infraction
128 punishable as provided in s. 327.73; and
129 (b) For a second or subsequent violation, a misdemeanor of
130 the second degree punishable as provided in s. 775.082 or s.
131 775.083.
132 Section 6. Subsection (2) of section 327.60, Florida
133 Statutes, is amended, and subsection (4) is added to that
134 section, to read:
135 327.60 Local regulations; limitations.—
136 (2) Nothing in this chapter or chapter 328 shall be
137 construed to prevent the adoption of any ordinance or local
138 regulation relating to operation of vessels, except that a
139 county or municipality shall not enact, continue in effect, or
140 enforce any ordinance or local regulation:
141 (a) Establishing a vessel or associated equipment
142 performance or other safety standard, imposing a requirement for
143 associated equipment, or regulating the carrying or use of
144 marine safety articles;
145 (b) Relating to the design, manufacture, or installation,
146 or use of any marine sanitation device on any vessel, except as
147 authorized in subsection (4);
148 (c) Regulating any vessel upon the Florida Intracoastal
149 Waterway;
150 (d) Discriminating against personal watercraft;
151 (e) Discriminating against airboats, for ordinances adopted
152 after July 1, 2006, unless adopted by a two-thirds vote of the
153 governing body enacting such ordinance;
154 (f) Regulating the anchoring of vessels other than live
155 aboard vessels outside the marked boundaries of mooring fields
156 permitted as provided in s. 327.40, other than live-aboard
157 vessels;
158 (g) Regulating engine or exhaust noise, except as provided
159 in s. 327.65; or
160 (h) That conflicts with any provisions of this chapter or
161 any amendments thereto or rules adopted thereunder.
162 (4)(a) A local government may enact and enforce regulations
163 requiring owners or operators of vessels or floating structures
164 subject to the marine sanitation requirements of s. 327.53 to
165 provide proof of properly disposed of sewage by means of an
166 approved sewage pumpout service, pumpout facility, or waste
167 reception facility within the following areas:
168 1. Marked boundaries of a permitted mooring field under the
169 jurisdiction of the local government; or
170 2. Designated no discharge zones, as provided under 53 F.R.
171 1678, January 21, 1988; 64 F.R. 46390, August 25, 1999; and 67
172 F.R. 35735, May 21, 2002.
173 (b) Before a local government may adopt an ordinance to
174 enact and enforce such regulations, the local government must
175 provide adequate pumpout services. Any ordinance adopted
176 pursuant to this subsection may not take effect until the
177 commission has reviewed the ordinance and determined the local
178 government provides adequate pumpout services within its
179 jurisdiction to protect public health and the marine
180 environment.
181 (c) This subsection may not be construed to prohibit a
182 local government from enacting or enforcing such pumpout
183 requirements for live-aboard vessels within any areas of its
184 jurisdiction.
185 Section 7. Paragraph (d) is added to subsection (3) of
186 section 327.70, Florida Statutes, to read:
187 327.70 Enforcement of this chapter and chapter 328.—
188 (3)
189 (d) A noncriminal violation of s. 327.4109 may be enforced
190 by a uniform boating citation issued to the operator of a vessel
191 unlawfully anchored, moored, tied, or otherwise affixed where
192 such is prohibited.
193 Section 8. Paragraph (g) of subsection (1) of section
194 327.73, Florida Statutes, is amended, and paragraph (bb) of that
195 subsection, is added to read:
196 327.73 Noncriminal infractions.—
197 (1) Violations of the following provisions of the vessel
198 laws of this state are noncriminal infractions:
199 (g) Section 328.72(13)(a) and (b), relating to operation
200 with an expired registration.
201 (bb) Section 327.4109, relating to anchoring and mooring in
202 a prohibited area.
203
204 Any person cited for a violation of any provision of this
205 subsection shall be deemed to be charged with a noncriminal
206 infraction, shall be cited for such an infraction, and shall be
207 cited to appear before the county court. The civil penalty for
208 any such infraction is $50, except as otherwise provided in this
209 section. Any person who fails to appear or otherwise properly
210 respond to a uniform boating citation shall, in addition to the
211 charge relating to the violation of the boating laws of this
212 state, be charged with the offense of failing to respond to such
213 citation and, upon conviction, be guilty of a misdemeanor of the
214 second degree, punishable as provided in s. 775.082 or s.
215 775.083. A written warning to this effect shall be provided at
216 the time such uniform boating citation is issued.
217 Section 9. Subsection (13) of section 328.72, Florida
218 Statutes, is amended to read:
219 328.72 Classification; registration; fees and charges;
220 surcharge; disposition of fees; fines; marine turtle stickers.—
221 (13) EXPIRED REGISTRATION.—The operation, use, or storage
222 on the waters of this state of a previously registered vessel is
223 subject to the following penalty provisions:
224 (a) The owner or operator of a vessel having a registration
225 that has been expired for 6 months or less commits a noncriminal
226 infraction, punishable as provided in s. 327.73;
227 (b) The owner or operator of a vessel having a registration
228 that has been expired for more than 6 months, upon a first
229 offense, commits a noncriminal infraction punishable as provided
230 in s. 327.73;
231 (c) The owner or operator of a vessel having a registration
232 that has been expired for more than 6 months, upon a second or
233 subsequent offense, commits a misdemeanor of the second degree
234 punishable as provided in s. 775.082 or s. 775.083. after the
235 expiration of the registration period is a noncriminal
236 violation, as defined in s. 327.73.
237
238 This subsection does not apply to vessels lawfully stored at a
239 dock or in a marina.
240 Section 10. This act shall take effect July 1, 2017.