Florida Senate - 2019                                    SB 1666
       By Senator Flores
       39-01373-19                                           20191666__
    1                        A bill to be entitled                      
    2         An act relating to the anchoring and mooring of
    3         vessels outside of public mooring fields; creating s.
    4         327.4106, F.S.; defining the terms “store” and
    5         “stored”; prohibiting the owner, operator, or person
    6         in charge of a vessel from anchoring or mooring
    7         outside of public mooring fields for longer than a
    8         specified period of time; requiring the relocation or
    9         removal from the water of vessels anchored or moored
   10         in violation of the prohibition; providing that such a
   11         violation is noncriminal and is punishable by a fine;
   12         amending s. 327.70, F.S.; providing for issuance of
   13         uniform boating citations for such violations;
   14         amending s. 327.73, F.S.; specifying the fines for
   15         such violations; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 327.4106, Florida Statutes, is created
   20  to read:
   21         327.4106Anchoring and mooring of vessels outside of public
   22  mooring fields prohibited; penalties.—
   23         (1) As used in this section, the term “store” or “stored”
   24  means that a vessel is not under the supervision and control of
   25  a person capable of operating and maintaining it or promptly
   26  moving it from one location to another.
   27         (2) The owner, operator, or person in charge of a vessel
   28  may not store the vessel at anchor in one location on the public
   29  waters of the state, outside of public mooring fields, for more
   30  than 60 consecutive days. The owner, operator, or person in
   31  charge of the vessel that is stored beyond this 60-day limit
   32  must relocate the vessel to another location that is at least 10
   33  miles from its current location; relocate the vessel to a
   34  permitted mooring, a marina slip, or a private dock; or remove
   35  the vessel from the water.
   36         (3) A violation of this section is a noncriminal
   37  infraction, punishable as provided in s. 327.73(1)(cc).
   38         Section 2. Subsection (3) of section 327.70, Florida
   39  Statutes, is amended to read:
   40         327.70 Enforcement of this chapter and chapter 328.—
   41         (3)(a) Noncriminal violations of the following statutes may
   42  be enforced by a uniform boating citation mailed to the
   43  registered owner of an unattended vessel anchored, aground, or
   44  moored on the waters of this state:
   45         1. Section 327.33(3)(b), relating to navigation rules.
   46         2. Section 327.44, relating to interference with
   47  navigation.
   48         3. Section 327.50(2), relating to required lights and
   49  shapes.
   50         4. Section 327.53, relating to marine sanitation.
   51         5. Section 328.48(5), relating to display of decal.
   52         6. Section 328.52(2), relating to display of number.
   53         7. Section 327.4106, relating to prohibited anchoring or
   54  mooring outside public mooring fields.
   55         8.7. Section 327.4107, relating to vessels at risk of
   56  becoming derelict.
   57         9.8. Section 327.4109, relating to prohibited anchoring or
   58  mooring.
   59         (b) Citations issued to livery vessels under this
   60  subsection are the responsibility of the lessee of the vessel if
   61  the livery has included a warning of this responsibility as a
   62  part of the rental agreement and has provided to the agency
   63  issuing the citation the name, address, and date of birth of the
   64  lessee when requested by that agency. The livery is not
   65  responsible for the payment of citations if the livery provides
   66  the required warning and lessee information.
   67         (c) A noncriminal violation of s. 327.4108 may be enforced
   68  by a uniform boating citation issued to the operator of a vessel
   69  unlawfully anchored in an anchoring limitation area.
   70         (d) A noncriminal violation of s. 327.4109 may be enforced
   71  by a uniform boating citation issued to the owner or operator of
   72  a vessel or floating structure unlawfully anchored or moored in
   73  a prohibited area.
   74         (e) A noncriminal violation of s. 327.4106 may be enforced
   75  by issuance of a uniform boating citation to the owner,
   76  operator, or person in charge of a vessel unlawfully anchored or
   77  moored outside of a public mooring field for more than 60
   78  consecutive days.
   79         Section 3. Paragraph (cc) is added to subsection (1) of
   80  section 327.73, Florida Statutes, to read:
   81         327.73 Noncriminal infractions.—
   82         (1) Violations of the following provisions of the vessel
   83  laws of this state are noncriminal infractions:
   84         (cc) Section 327.4106, relating to anchoring or mooring
   85  outside public mooring areas. Each day beyond the limit
   86  constitutes a separate offense. The penalty for such a violation
   87  is:
   88         1. For a first offense, $50.
   89         2. For a second offense, $100.
   90         3. For a third or subsequent offense, $250.
   92  Any person cited for a violation of any provision of this
   93  subsection shall be deemed to be charged with a noncriminal
   94  infraction, shall be cited for such an infraction, and shall be
   95  cited to appear before the county court. The civil penalty for
   96  any such infraction is $50, except as otherwise provided in this
   97  section. Any person who fails to appear or otherwise properly
   98  respond to a uniform boating citation shall, in addition to the
   99  charge relating to the violation of the boating laws of this
  100  state, be charged with the offense of failing to respond to such
  101  citation and, upon conviction, be guilty of a misdemeanor of the
  102  second degree, punishable as provided in s. 775.082 or s.
  103  775.083. A written warning to this effect shall be provided at
  104  the time such uniform boating citation is issued.
  105         Section 4. This act shall take effect July 1, 2019.