Florida Senate - 2015 SB 1548
By Senator Dean
5-01094-15 20151548__
1 A bill to be entitled
2 An act relating to vessel safety; amending s. 327.02,
3 F.S.; defining terms; creating s. 327.4107, F.S.;
4 specifying how vessels may be anchored or moored on
5 waters of the state; amending s. 327.73, F.S.;
6 providing a noncriminal infraction; amending s.
7 327.391, F.S.; conforming a cross-reference; providing
8 an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Present subsections (9) through (39) of section
13 327.02, Florida Statutes, are redesignated as subsections (10)
14 through (40), respectively, and present subsections (40) through
15 (44) of that section are redesignated as subsections (42)
16 through (46), respectively, and new subsections (9) and (41) are
17 added to that section, to read:
18 327.02 Definitions.—As used in this chapter and in chapter
19 328, unless the context clearly requires a different meaning,
20 the term:
21 (9) “Developed waterfront property” means any upland
22 property bounded on at least one side by the waters of the
23 state, above the mean high water mark of the shoreline or
24 seawall, upon which a single-family home, multi-family
25 apartment, townhouse, condominium, or other similar residential
26 dwelling exists. The term does not include docks and other
27 infrastructure adjacent thereto or properties with mixed
28 residential and commercial use.
29 (41) “Safe harbor” means taking refuge by temporarily
30 anchoring, mooring, or docking due to a mechanical breakdown or
31 when imminent or existing extreme weather conditions impose an
32 unreasonable risk of harm. A vessel may remain anchored, moored,
33 or docked until repaired, which must occur within 7 working
34 days, or in the event of extreme weather, until weather
35 conditions improve to the point it is no longer perilous to
36 operate the vessel.
37 Section 2. Section 327.4107, Florida Statutes, is created
38 to read:
39 327.4107 Anchoring and mooring of vessels outside public
40 mooring fields.—
41 (1) The anchoring or mooring of a vessel other than live
42 aboard vessels on the waters of this state may be regulated only
43 as provided in this chapter and chapter 403.
44 (a) An owner, operator, or person in charge of a vessel may
45 not anchor or moor a vessel within 200 feet of the marked
46 boundary of a permitted mooring field or any public boat ramp,
47 hoist, marine railway, or other launching or landing facility
48 available for use by the general public.
49 (b) An owner, operator, or person in charge of a vessel may
50 not anchor or moor a vessel within 200 feet of the shoreline of
51 developed waterfront property, as defined in s. 327.02, between
52 the times of one hour past sunset and one hour before sunrise
53 except as follows:
54 1. Vessels requiring safe harbor, in which case the vessel
55 may remain anchored for 7 working days until repaired, or in the
56 event of extreme weather, until weather conditions improve to
57 the point it is no longer perilous to operate the vessel.
58 2. Vessels owned or operated by a governmental entity for
59 law enforcement, firefighting, or rescue purposes.
60 3. Vessels involved in active construction activities,
61 active dredging, or active recreational fishing.
62 4. Vessels present for the duration of special events, such
63 as public music performances, government waterfront activities,
64 boat parades, and fireworks displays.
65 (c) An owner, operator, or person in charge of a vessel may
66 not anchor or moor a vessel if any of the following conditions
67 exist:
68 1. The vessel is incapable of navigating under its own
69 means of propulsion as intended by the vessel’s manufacturer.
70 2. The vessel is taking or has taken on water without
71 effective means to dewater.
72 3. Spaces on the vessel that are designed to be enclosed
73 are incapable of being sealed off or remain open to the elements
74 for extended periods of time.
75 4. The vessel is leaking petroleum products or other
76 harmful contaminants in violation of law.
77 5. The vessel has broken loose or is in danger of breaking
78 loose from its anchor or mooring.
79 6. The vessel is involved in one or more violations of
80 marine sanitation laws.
81 7. The vessel is listing due to water intrusion, or is
82 sunk, partially sunken, or left aground and is unattended.
83 (2) A person who anchors or moors a vessel in violation of
84 this chapter commits a noncriminal infraction, punishable as
85 provided in s. 327.73.
86 Section 3. Paragraph (y) is added to subsection (1) of
87 section 327.73, Florida Statutes, to read:
88 327.73 Noncriminal infractions.—
89 (1) Violations of the following provisions of the vessel
90 laws of this state are noncriminal infractions:
91 (y) Section 327.4107, relating to anchoring of vessels
92 outside public mooring fields, for which the civil penalty upon
93 conviction is:
94 1. For a first offense, $50.
95 2. For a second offense, $100.
96 3. For a third or subsequent offense, $250.
97
98 Any person cited for a violation of any provision of this
99 subsection shall be deemed to be charged with a noncriminal
100 infraction, shall be cited for such an infraction, and shall be
101 cited to appear before the county court. The civil penalty for
102 any such infraction is $50, except as otherwise provided in this
103 section. Any person who fails to appear or otherwise properly
104 respond to a uniform boating citation shall, in addition to the
105 charge relating to the violation of the boating laws of this
106 state, be charged with the offense of failing to respond to such
107 citation and, upon conviction, be guilty of a misdemeanor of the
108 second degree, punishable as provided in s. 775.082 or s.
109 775.083. A written warning to this effect shall be provided at
110 the time such uniform boating citation is issued.
111 Section 4. Subsection (1) of section 327.391, Florida
112 Statutes, is amended to read:
113 327.391 Airboats regulated.—
114 (1) The exhaust of every internal combustion engine used on
115 any airboat operated on the waters of this state shall be
116 provided with an automotive-style factory muffler, underwater
117 exhaust, or other manufactured device capable of adequately
118 muffling the sound of the exhaust of the engine as described in
119 s. 327.02(28) s. 327.02(25). The use of cutouts or flex pipe as
120 the sole source of muffling is prohibited, except as provided in
121 subsection (4). Any person who violates this subsection commits
122 a noncriminal infraction punishable as provided in s. 327.73(1).
123 Section 5. This act shall take effect July 1, 2015.