Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1530
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environment and Natural Resources (Rouson)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 327.332, Florida Statutes, is created to
    6  read:
    7         327.332 Special hazards requiring slow speed.—
    8         (1) A vessel operator must reduce to slow speed, minimum
    9  wake upon approaching within 300 feet of any emergency vessel,
   10  including, but not limited to, a law enforcement vessel, United
   11  States Coast Guard vessel or auxiliary vessel, fire vessel, or
   12  tow vessel, with its emergency lights activated.
   13         (2) A vessel operator must reduce to slow speed, minimum
   14  wake upon approaching within 300 feet of any construction vessel
   15  or barge when workers are present and actively engaged in
   16  operations and an orange flag or yellow flashing light is
   17  displayed from the tallest portion of the vessel or barge.
   18         (3) A vessel operator found in violation of this section is
   19  guilty of a noncriminal infraction as provided in s. 327.73.
   20         Section 2. Paragraphs (aa) and (bb) of subsection (1) of
   21  section 327.73, Florida Statutes, are amended, and paragraph
   22  (cc) is added to that subsection, to read:
   23         327.73 Noncriminal infractions.—
   24         (1) Violations of the following provisions of the vessel
   25  laws of this state are noncriminal infractions:
   26         (aa) Section 327.4107, relating to vessels at risk of
   27  becoming derelict on waters of this state, for which the civil
   28  penalty is:
   29         1. For a first offense, $50.
   30         2. For a second offense occurring 30 days or more after a
   31  first offense, $250 $100.
   32         3. For a third or subsequent offense occurring 30 days or
   33  more after a previous offense, $500 $250.
   34         (bb) Section 327.4109, relating to anchoring or mooring in
   35  a prohibited area, for which the penalty is:
   36         1. For a first offense, up to a maximum of $50.
   37         2. For a second offense, up to a maximum of $250 $100.
   38         3. For a third or subsequent offense, up to a maximum of
   39  $500 $250.
   40         (cc) Section 327.332, relating to vessels failing to reduce
   41  speed for special hazards, for which the penalty is:
   42         1. For a first offense, $50.
   43         2. For a second offense occurring within 12 months after a
   44  prior conviction, $250.
   45         3. For a third offense occurring within 36 months after a
   46  prior conviction, $500.
   47         4. For a fourth or subsequent offense occurring within 72
   48  months after a prior conviction, $1,000.
   50  Any person cited for a violation of any provision of this
   51  subsection shall be deemed to be charged with a noncriminal
   52  infraction, shall be cited for such an infraction, and shall be
   53  cited to appear before the county court. The civil penalty for
   54  any such infraction is $50, except as otherwise provided in this
   55  section. Any person who fails to appear or otherwise properly
   56  respond to a uniform boating citation shall, in addition to the
   57  charge relating to the violation of the boating laws of this
   58  state, be charged with the offense of failing to respond to such
   59  citation and, upon conviction, be guilty of a misdemeanor of the
   60  second degree, punishable as provided in s. 775.082 or s.
   61  775.083. A written warning to this effect shall be provided at
   62  the time such uniform boating citation is issued.
   63         Section 3. This act shall take effect July 1, 2019.
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete everything before the enacting clause
   68  and insert:
   69                        A bill to be entitled                      
   70         An act relating to vessels; creating s. 327.332, F.S.;
   71         requiring vessel operators to reduce speed in
   72         specified hazardous situations; providing penalties;
   73         amending s. 327.73, F.S.; revising civil penalties
   74         relating to certain at-risk vessels and prohibited
   75         anchoring or mooring; providing civil penalties
   76         relating to vessels that fail to reduce speed for
   77         special hazards; providing an effective date.