HB 767

1
A bill to be entitled
2An act relating to vessels; creating s. 327.651, F.S.;
3prohibiting the operation of soundmaking devices in
4vessels so that the sound produced is audible at a certain
5distance or louder than necessary for the convenient
6hearing by persons inside the vessel in certain areas;
7providing exceptions; amending s. 327.73, F.S.; providing
8for citation as a noncriminal infraction; providing
9penalties; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 327.651, Florida Statutes, is created
14to read:
15     327.651  Operation of radios or other mechanical
16soundmaking devices or instruments in vessels; exemptions.--
17     (1)  A person operating or occupying a vessel on the waters
18of this state may not operate or amplify the sound produced by a
19radio, compact disc or tape player, electronic device, or other
20mechanical soundmaking device or instrument from within the
21vessel so that the sound is:
22     (a)  Plainly audible at a distance of 100 feet or more from
23the vessel; or
24     (b)  Louder than necessary for the convenient hearing by
25persons inside the vessel in areas adjoining churches, schools,
26hospitals or within 100 feet of the shoreline.
27     (2)  This section does not apply to:
28     (a)  Vessels operated commercially, used in shows, events,
29exhibitions, or tournaments. This subsection does not prevent
30local authorities, with respect to waters of this state under
31their local jurisdiction and with the reasonable exercise of
32police power, from regulating the time and manner in which such
33business may be operated.
34     (b)  Regattas, parades, or other marine events conducted
35under s. 327.48 or permitted under 33 C.F.R. part 100.
36     (c)  Sound signals indicating maneuvering or warnings in
37compliance with navigation rules.
38     (d)  Any law enforcement vessel equipped with any
39soundmaking device necessary in the performance of law
40enforcement duties or any emergency vessel equipped with any
41communication device necessary in the performance of any
42emergency procedures.
43     Section 2.  Paragraph (x) is added to subsection (1) of
44section 327.73, Florida Statutes, to read:
45     327.73  Noncriminal infractions.--
46     (1)  Violations of the following provisions of the vessel
47laws of this state are noncriminal infractions:
48     (x)  Section 327.651, relating to operation of radios or
49other mechanical soundmaking devices or instruments in vessels.
50
51Any person cited for a violation of any such provision shall be
52deemed to be charged with a noncriminal infraction, shall be
53cited for such an infraction, and shall be cited to appear
54before the county court. The civil penalty for any such
55infraction is $50, except as otherwise provided in this section.
56Any person who fails to appear or otherwise properly respond to
57a uniform boating citation shall, in addition to the charge
58relating to the violation of the boating laws of this state, be
59charged with the offense of failing to respond to such citation
60and, upon conviction, be guilty of a misdemeanor of the second
61degree, punishable as provided in s. 775.082 or s. 775.083. A
62written warning to this effect shall be provided at the time
63such uniform boating citation is issued.
64     Section 3.  This act shall take effect October 1, 2007.


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