Senate Bill sb1012c1

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    Florida Senate - 2003                           CS for SB 1012

    By the Committee on Natural Resources; and Senator Cowin





    312-1958-03

  1                      A bill to be entitled

  2         An act relating to vessels; amending s. 327.65,

  3         F.S.; requiring the Fish and Wildlife

  4         Conservation Commission to prescribe by rule a

  5         uniform ordinance for noise resulting from

  6         vessel operation; requiring a report; providing

  7         an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 327.65, Florida Statutes, is

12  amended to read:

13         327.65  Muffling devices.--

14         (1)  The exhaust of every internal combustion engine

15  used on any vessel operated on the waters of this state shall

16  be effectively muffled by equipment so constructed and used as

17  to muffle the noise of the exhaust in a reasonable manner.

18  The use of cutouts is prohibited, except for vessels competing

19  in a regatta or official boat race, or other marine event

20  conducted in compliance with s. 327.48 and 33 C.F.R., part 100

21  and for such vessels while on trial runs.

22         (2)(a)  The commission shall prescribe, by rule, a

23  uniform ordinance for the regulation of noise resulting from

24  vessel operation. Any county or municipality wishing to impose

25  additional noise pollution and exhaust regulations on vessels

26  may, pursuant to s. 327.60(1), adopt by county ordinance the

27  uniform ordinance. following regulations:

28         (3)(a)1.  A No person shall not operate or give

29  permission for the operation of any vessel on the waters of

30  any county or on a specified portion of the waters of any

31  county, including the Florida Intracoastal Waterway, which has

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    Florida Senate - 2003                           CS for SB 1012
    312-1958-03




 1  adopted the uniform vessel noise ordinance authorized in

 2  provisions of this section, in violation of the ordinance such

 3  a manner as to exceed the following sound levels at a distance

 4  of 50 feet from the vessel:  for all vessels, a maximum sound

 5  level of 90 dB A.

 6         (b)2.  Any person who refuses to submit to a sound

 7  level test when requested to do so by a law enforcement

 8  officer is guilty of a misdemeanor of the second degree,

 9  punishable as provided in s. 775.082 or s. 775.083.

10         (b)  The following words and phrases, when used in this

11  section, shall have the meanings respectively assigned to them

12  in this subsection.

13         1.  "dB A" means the composite abbreviation for the

14  A-weighted sound level and the unit of sound level, the

15  decibel.

16         2.  "Sound level" means the A-weighted sound pressure

17  level measured with fast response using an instrument

18  complying with the specification for sound level meters of the

19  American National Standards Institute, Inc., or its successor

20  bodies, except that only a weighting and fast dynamic response

21  need be provided.

22         (4)  The commission shall monitor the effectiveness of

23  this act and provide an annual report on the same to the

24  Legislature for 5 years beginning July 1, 2003.

25         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1012
    312-1958-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1012

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 4  This bill requires the Fish and Wildlife Conservation
    Commission to adopt, by rule, a uniform ordinance for the
 5  regulation of noise resulting from vessel operation. Any
    county or municipality wishing to impose additional noise or
 6  exhaust regulations on vessels may adopt the uniform
    ordinance. Deletes the provision that provides that a county
 7  may adopt certain provisions relating to a specific sound
    level for vessels. Deletes certain definitions. Requires the
 8  commission to provide an annual report to the Legislature for
    5 years beginning July 1,2003.
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