Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1666
Ì8478220Î847822
LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Flores)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 327.395, Florida
6 Statutes, is amended to read:
7 327.395 Boating safety identification cards.—
8 (1) A person born on or after January 1, 1988, may not
9 operate a vessel powered by a motor of 10 horsepower or greater
10 unless such person has in his or her possession aboard the
11 vessel photographic identification and a boater safety
12 identification card issued by the commission, or a state-issued
13 identification card or driver license indicating possession of
14 the boater safety identification card, which shows that he or
15 she has:
16 (a) Completed a commission-approved boater education course
17 that meets the minimum 8-hour instruction requirement
18 established by the National Association of State Boating Law
19 Administrators;
20 (b) Passed a course equivalency examination approved by the
21 commission; or
22 (c) Passed a temporary certificate examination developed or
23 approved by the commission.
24 Section 2. Subsection (6) is added to section 327.4109,
25 Florida Statutes, to read:
26 327.4109 Anchoring or mooring prohibited; exceptions;
27 penalties.—
28 (6)(a) As used in this subsection, and applied only for the
29 purposes of the study required by this subsection and not for
30 any other purposes, the term “long-term stored vessel” means a
31 vessel on the waters of the state which is not under the
32 supervision and control of a person capable of operating,
33 maintaining, or moving it from one location to another and which
34 has remained anchored or moored outside of a public mooring
35 field for at least 30 days out of a 60-day period.
36 (b) The commission shall conduct, or contract with a
37 private vendor to conduct, for not longer than 2 years, a study
38 of the impacts of long-term stored vessels on local communities
39 and this state.
40 (c) The study shall:
41 1. Investigate whether, and to what extent, long-term
42 stored vessels and vessels anchored or moored outside of public
43 mooring fields for more than 30 days contribute to the number of
44 derelict and abandoned vessels on the waters of the state.
45 2. Investigate the impacts of long-term stored vessels,
46 vessels anchored or moored outside of public mooring fields for
47 more than 30 days, and vessels moored within public mooring
48 fields on the local and state economies, public safety, and the
49 environment during and after significant tropical storm and
50 hurricane events.
51 3. Provide recommendations for appropriate management
52 options for long-term stored vessels and vessels anchored or
53 moored outside public mooring fields for more than 30 days to
54 mitigate any identified negative impacts to local communities
55 and this state.
56 (d) The commission shall submit a report of its findings
57 and recommendations to the Governor, the President of the
58 Senate, and the Speaker of the House of Representatives within 6
59 months after the study is completed.
60 (e) This subsection is contingent upon appropriation by the
61 Legislature.
62 (f) This subsection expires January 1, 2024.
63 Section 3. Present paragraphs (c) and (d) of subsection (4)
64 of section 327.60, Florida Statutes, are redesignated as
65 paragraphs (d) and (e), respectively, and a new paragraph (c) is
66 added to that subsection, to read:
67 327.60 Local regulations; limitations.—
68 (4)
69 (c) A county designated as a rural area of opportunity may
70 create a no-discharge zone for freshwater waterbodies within the
71 county’s jurisdiction in which treated and untreated sewage
72 discharges from live-aboard vessels, houseboats, floating
73 structures, and commercial vessels are prohibited. Within no
74 discharge zone boundaries, vessel operators shall retain their
75 sewage on board for discharge at sea or on shore at a pumpout
76 facility. For the purposes of this section, the term “at sea”
77 means more than 3 miles off the coast in the Atlantic Ocean or
78 more than 10 miles off the coast in the Gulf of Mexico.
79 Violations of this paragraph are punishable as provided in s.
80 327.53(6) and (7).
81 Section 4. Paragraph (r) of subsection (1) of section
82 327.73, Florida Statutes, is amended, and paragraph (s) of that
83 subsection and subsection (4) of that section are reenacted, to
84 read:
85 327.73 Noncriminal infractions.—
86 (1) Violations of the following provisions of the vessel
87 laws of this state are noncriminal infractions:
88 (r) Section 327.53(4), (5), and (7), relating to marine
89 sanitation, and section 327.60, relating to no-discharge zones,
90 for which the civil penalty is $250.
91 (s) Section 327.395, relating to boater safety education.
92
93 Any person cited for a violation of any provision of this
94 subsection shall be deemed to be charged with a noncriminal
95 infraction, shall be cited for such an infraction, and shall be
96 cited to appear before the county court. The civil penalty for
97 any such infraction is $50, except as otherwise provided in this
98 section. Any person who fails to appear or otherwise properly
99 respond to a uniform boating citation shall, in addition to the
100 charge relating to the violation of the boating laws of this
101 state, be charged with the offense of failing to respond to such
102 citation and, upon conviction, be guilty of a misdemeanor of the
103 second degree, punishable as provided in s. 775.082 or s.
104 775.083. A written warning to this effect shall be provided at
105 the time such uniform boating citation is issued.
106 (4) Any person charged with a noncriminal infraction under
107 this section may:
108 (a) Pay the civil penalty, either by mail or in person,
109 within 30 days of the date of receiving the citation; or,
110 (b) If he or she has posted bond, forfeit bond by not
111 appearing at the designated time and location.
112
113 If the person cited follows either of the above procedures, he
114 or she shall be deemed to have admitted the noncriminal
115 infraction and to have waived the right to a hearing on the
116 issue of commission of the infraction. Such admission shall not
117 be used as evidence in any other proceedings. If a person who is
118 cited for a violation of s. 327.395 can show a boating safety
119 identification card issued to that person and valid at the time
120 of the citation, the clerk of the court may dismiss the case and
121 may assess a dismissal fee of up to $10. If a person who is
122 cited for a violation of s. 328.72(13) can show proof of having
123 a registration for that vessel which was valid at the time of
124 the citation, the clerk may dismiss the case and may assess the
125 dismissal fee.
126 Section 5. Subsection (15) of section 328.72, Florida
127 Statutes, is amended to read:
128 328.72 Classification; registration; fees and charges;
129 surcharge; disposition of fees; fines; marine turtle stickers.—
130 (15) DISTRIBUTION OF FEES.—Except as provided in this
131 subsection for the first $2, $1 of which shall be remitted to
132 the state for deposit into the Save the Manatee Trust Fund
133 created within the Fish and Wildlife Conservation Commission and
134 $1 of which shall be remitted to the state for deposit into the
135 Marine Resources Conservation Trust Fund to fund a grant program
136 for public launching facilities pursuant to s. 206.606, giving
137 priority consideration to counties with more than 35,000
138 registered vessels, moneys designated for the use of the
139 counties, as specified in subsection (1), shall be distributed
140 by the tax collector to the board of county commissioners for
141 use only as provided in this section. Such moneys to be returned
142 to the counties are for the sole purposes of providing,
143 maintaining, or operating recreational channel marking and other
144 uniform waterway markers, public boat ramps, lifts, and hoists,
145 marine railways, boat piers, docks, mooring buoys, and other
146 public launching facilities; and removing derelict vessels,
147 debris that specifically impede boat access, not including the
148 dredging of channels, and vessels and floating structures deemed
149 a hazard to public safety and health for failure to comply with
150 s. 327.53. Counties shall demonstrate through an annual detailed
151 accounting report of vessel registration revenues that the
152 registration fees were spent as provided in this subsection.
153 This report shall be provided to the Fish and Wildlife
154 Conservation Commission no later than November 1 of each year.
155 If, before January 1 of each calendar year, the accounting
156 report meeting the prescribed criteria has still not been
157 provided to the commission, the tax collector of that county may
158 not distribute the moneys designated for the use of counties, as
159 specified in subsection (1), to the board of county
160 commissioners but shall, for the next calendar year, remit such
161 moneys to the state for deposit into the Marine Resources
162 Conservation Trust Fund. The commission shall return those
163 moneys to the county if the county fully complies with this
164 section within that calendar year. If the county does not fully
165 comply with this section within that calendar year, the moneys
166 shall remain within the Marine Resources Trust Fund and may be
167 appropriated for the purposes specified in this subsection.
168 (a) From the vessel registration fees designated for use by
169 the counties in subsection (1), $1 shall be remitted to the
170 state for deposit into the Save the Manatee Trust Fund.
171 (b) From the vessel registration fees designated for use by
172 the counties in subsection (1), $1 shall be remitted to the
173 state for deposit into the Marine Resources Conservation Trust
174 Fund to fund a grant program for public launching facilities
175 pursuant to s. 206.606, giving priority consideration to
176 counties with more than 35,000 registered vessels.
177 (c) From the vessel registration fees designated for use by
178 the counties in subsection (1), the following amounts shall be
179 remitted to the state for deposit into the Marine Resources
180 Conservation Trust Fund to fund derelict vessel removal grants
181 pursuant to s. 376.15:
182 1. Class A-2: $0.25 for each 12-month period registered.
183 2. Class 1: $2.06 for each 12-month period registered.
184 3. Class 2: $9.26 for each 12-month period registered.
185 4. Class 3: $16.45 for each 12-month period registered.
186 5. Class 4: $20.06 for each 12-month period registered.
187 6. Class 5: $25.46 for each 12-month period registered.
188 Section 6. Paragraph (d) of subsection (3) of section
189 376.15, Florida Statutes, is amended to read:
190 376.15 Derelict vessels; relocation or removal from public
191 waters.—
192 (3)
193 (d) The commission may establish a program to provide
194 grants to local governments for the removal of derelict vessels
195 from the public waters of the state. The program shall be funded
196 from the Marine Resources Conservation Trust Fund or the Florida
197 Coastal Protection Trust Fund. Notwithstanding the provisions in
198 s. 216.181(11), funds available for grants may only be
199 authorized by appropriations acts of the Legislature.
200 Section 7. Subsection (6) is added to section 823.11,
201 Florida Statutes, to read:
202 823.11 Derelict vessels; relocation or removal; penalty.—
203 (6) If an owner or a responsible party of a vessel
204 determined to be derelict as defined in s. 823.11(1) has been
205 charged by an officer of the commission or any law enforcement
206 agency or officer as specified in s. 327.70 and adjudicated
207 under subsection (5) for a violation of subsection (2) or a
208 violation of s. 376.15(2), a person may not reside or dwell on
209 such vessel until the vessel is removed from the waters of the
210 state permanently or returned to the waters of the state in a
211 condition that is no longer derelict.
212 Section 8. This act shall take effect July 1, 2019.
213
214 ================= T I T L E A M E N D M E N T ================
215 And the title is amended as follows:
216 Delete everything before the enacting clause
217 and insert:
218 A bill to be entitled
219 An act relating to vessels; amending s. 327.395, F.S.;
220 requiring all persons, rather than only persons born
221 after a specified date, to have a specified boating
222 safety identification card in their possession before
223 operating certain vessels; amending s. 327.4109, F.S.;
224 defining a term; directing the Fish and Wildlife
225 Conservation Commission to conduct, contingent upon
226 appropriation, a specified study of the impacts of
227 long-term stored vessels and certain anchored and
228 moored vessels on local communities and the state and
229 to submit a report to the Governor and Legislature
230 within a specified time; providing for expiration of
231 the study; amending s. 327.60, F.S.; authorizing
232 certain counties to create no-discharge zones;
233 defining the term “at sea”; reenacting and amending s.
234 327.73, F.S., relating to noncriminal infractions;
235 specifying the fines for such violations; amending s.
236 328.72, F.S.; revising the distribution of vessel
237 registration fees to provide grants for derelict
238 vessel removal; amending s. 376.15, F.S.; conforming
239 provisions to changes made by the act; amending s.
240 823.11, F.S.; prohibiting persons from residing or
241 dwelling on certain derelict vessels until certain
242 conditions are met; providing an effective date.