Senate Bill sb1988

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    Florida Senate - 2007                                  SB 1988

    By Senator Crist





    12-454A-07                                          See HB 767

  1                      A bill to be entitled

  2         An act relating to vessels; creating s.

  3         327.651, F.S.; prohibiting the operation of

  4         soundmaking devices in vessels so that the

  5         sound produced is audible at a certain distance

  6         or louder than necessary for convenient hearing

  7         by persons inside the vessel in certain areas;

  8         providing exceptions; amending s. 327.73, F.S.;

  9         providing for citation as a noncriminal

10         infraction; providing penalties; providing an

11         effective date.

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

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15         Section 1.  Section 327.651, Florida Statutes, is

16  created to read:

17         327.651  Operation of radios or other mechanical

18  soundmaking devices or instruments in vessels; exemptions.--

19         (1)  A person operating or occupying a vessel on the

20  waters of this state may not operate or amplify the sound

21  produced by a radio, compact disc or tape player, electronic

22  device, or other mechanical soundmaking device or instrument

23  from within the vessel so that the sound is:

24         (a)  Plainly audible at a distance of 100 feet or more

25  from the vessel; or

26         (b)  Louder than necessary for the convenient hearing

27  by persons inside the vessel in areas adjoining churches,

28  schools, or hospitals, or within 100 feet of the shoreline.

29         (2)  This section does not apply to:

30         (a)  Vessels operated commercially, used in shows,

31  events, exhibitions, or tournaments. This subsection does not

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1988
    12-454A-07                                          See HB 767




 1  prevent local authorities, with respect to waters of this

 2  state under their local jurisdiction and with the reasonable

 3  exercise of police power, from regulating the time and manner

 4  in which such business may be operated.

 5         (b)  Regattas, parades, or other marine events

 6  conducted under s. 327.48 or permitted under 33 C.F.R. part

 7  100.

 8         (c)  Sound signals indicating maneuvering or warnings

 9  in compliance with navigation rules.

10         (d)  Any law enforcement vessel equipped with any

11  soundmaking device necessary in the performance of law

12  enforcement duties or any emergency vessel equipped with any

13  communication device necessary in the performance of any

14  emergency procedures.

15         Section 2.  Paragraph (x) is added to subsection (1) of

16  section 327.73, Florida Statutes, to read:

17         327.73  Noncriminal infractions.--

18         (1)  Violations of the following provisions of the

19  vessel laws of this state are noncriminal infractions:

20         (x)  Section 327.651, relating to operation of radios

21  or other mechanical soundmaking devices or instruments in

22  vessels.

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24  Any person cited for a violation of any such provision shall

25  be deemed to be charged with a noncriminal infraction, shall

26  be cited for such an infraction, and shall be cited to appear

27  before the county court. The civil penalty for any such

28  infraction is $50, except as otherwise provided in this

29  section. Any person who fails to appear or otherwise properly

30  respond to a uniform boating citation shall, in addition to

31  the charge relating to the violation of the boating laws of

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    Florida Senate - 2007                                  SB 1988
    12-454A-07                                          See HB 767




 1  this state, be charged with the offense of failing to respond

 2  to such citation and, upon conviction, be guilty of a

 3  misdemeanor of the second degree, punishable as provided in s.

 4  775.082 or s. 775.083. A written warning to this effect shall

 5  be provided at the time such uniform boating citation is

 6  issued.

 7         Section 3.  This act shall take effect October 1, 2007.

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CODING: Words stricken are deletions; words underlined are additions.