Florida Senate - 2015                             CS for SB 1548
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Dean
       
       
       
       
       592-03279-15                                          20151548c1
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.02,
    3         F.S.; defining the terms “developed waterfront
    4         property” and “safe harbor”; creating s. 327.4107,
    5         F.S.; specifying how vessels may be anchored or moored
    6         outside public mooring fields on the waters of this
    7         state; providing a noncriminal infraction; providing
    8         an exception for counties or municipalities
    9         participating in the anchoring and mooring pilot
   10         program; amending s. 327.73, F.S.; specifying the
   11         noncriminal infraction for violations of s. 327.4107,
   12         F.S.; amending s. 327.391, F.S.; conforming a cross
   13         reference; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Present subsections (9) through (39) are
   18  redesignated as subsections (10) through (40), respectively, and
   19  present subsections (40) through (44) are redesignated as
   20  subsections (42) through (46), respectively, of section 327.02,
   21  Florida Statutes, and new subsections (9) and (41) are added to
   22  that section, to read:
   23         327.02 Definitions.—As used in this chapter and in chapter
   24  328, unless the context clearly requires a different meaning,
   25  the term:
   26         (9) “Developed waterfront property” means any upland
   27  property bounded on at least one side by the waters of the
   28  state, above the mean high water mark of the shoreline or
   29  seawall, upon which a single-family home, multi-family
   30  apartment, townhouse, condominium, or other similar residential
   31  dwelling exists. The term does not include docks and other
   32  infrastructure adjacent thereto or properties with mixed
   33  residential and commercial use.
   34         (41)“Safe harbor” means taking refuge by temporarily
   35  anchoring, mooring, or docking due to a mechanical breakdown or
   36  when imminent or existing extreme weather conditions impose an
   37  unreasonable risk of harm. A vessel may remain anchored, moored,
   38  or docked until repaired, which must occur within 7 business
   39  days, or in the event of extreme weather, until weather
   40  conditions improve to the point where it is no longer perilous
   41  to operate the vessel.
   42         Section 2. Section 327.4107, Florida Statutes, is created
   43  to read:
   44         327.4107 Anchoring and mooring of vessels outside public
   45  mooring fields.—
   46         (1) The anchoring or mooring of a vessel other than live
   47  aboard vessels on the waters of this state may be regulated only
   48  as provided in this chapter and chapter 403.
   49         (a) An owner, operator, or person in charge of a vessel may
   50  not anchor or moor a vessel within 200 feet of the marked
   51  boundary of a permitted mooring field, any public boat ramp,
   52  hoist, marine railway, or other launching or landing facility
   53  available for use by the general public.
   54         (b) An owner, operator, or person in charge of a vessel may
   55  not anchor or moor a vessel within 200 feet of the shoreline of
   56  developed waterfront property, as defined in s. 327.02, between
   57  the times of one hour past sunset and one hour before sunrise
   58  except as follows:
   59         1. Vessels requiring safe harbor, in which case the vessel
   60  may remain anchored for 7 business days until repaired, or in
   61  the event of extreme weather, until weather conditions improve
   62  to the point where it is no longer perilous to operate the
   63  vessel.
   64         2.Vessels in transit upon which the captain and crew are
   65  incapable of safely continuing their journey due to physical
   66  exhaustion, provided that anchoring or mooring is limited to one
   67  overnight period before continuing toward its destination.
   68         3. Vessels owned or operated by a governmental entity for
   69  law enforcement, firefighting, or rescue purposes.
   70         4. Construction or dredging vessels while on an active job
   71  site.
   72         5.Vessels actively engaged in commercial fishing.
   73         6.Vessels engaged in recreational fishing whereby persons
   74  onboard are actively tending hook and line fishing gear or nets.
   75         7. Vessels present for the duration of events as described
   76  in s. 327.48.
   77         (c) An owner, operator, or person in charge of a vessel may
   78  not anchor or moor a vessel if any of the following conditions
   79  exist, unless the condition is a result of an exigent
   80  circumstance:
   81         1.The vessel is taking or has taken on water without an
   82  effective means to dewater.
   83         2.Spaces on the vessel which are designed to be enclosed
   84  are incapable of being sealed off or remain open to the elements
   85  for extended periods of time.
   86         3.The vessel is leaking petroleum products or other
   87  harmful contaminants in violation of law.
   88         4.The vessel has broken loose or is in danger of breaking
   89  loose from its anchor or mooring.
   90         5.The vessel is involved in one or more violations of
   91  marine sanitation laws.
   92         6.The vessel is listing due to water intrusion, is sunk,
   93  partially sunken, or is left aground while unattended.
   94         (2) A person who anchors or moors a vessel in violation of
   95  this section commits a noncriminal infraction, punishable as
   96  provided in s. 327.73.
   97         (3) Penalties provided in this section are in addition to
   98  penalties already provided in Florida Statutes.
   99         (4) Notwithstanding this section, a county or municipality
  100  participating in the anchoring and mooring pilot program may
  101  continue to regulate the anchoring or mooring of non-live-aboard
  102  vessels as provided under s. 327.4105.
  103         Section 3. Paragraph (y) is added to subsection (1) of
  104  section 327.73, Florida Statutes, to read:
  105         327.73 Noncriminal infractions.—
  106         (1) Violations of the following provisions of the vessel
  107  laws of this state are noncriminal infractions:
  108         (y) Section 327.4107, relating to the anchoring of vessels
  109  outside public mooring fields, for which the civil penalty upon
  110  conviction is:
  111         1. For a first offense, $50.
  112         2. For a second offense, $100.
  113         3. For a third or subsequent offense, $250.
  114  
  115  Any person cited for a violation of any provision of this
  116  subsection shall be deemed to be charged with a noncriminal
  117  infraction, shall be cited for such an infraction, and shall be
  118  cited to appear before the county court. The civil penalty for
  119  any such infraction is $50, except as otherwise provided in this
  120  section. Any person who fails to appear or otherwise properly
  121  respond to a uniform boating citation shall, in addition to the
  122  charge relating to the violation of the boating laws of this
  123  state, be charged with the offense of failing to respond to such
  124  citation and, upon conviction, be guilty of a misdemeanor of the
  125  second degree, punishable as provided in s. 775.082 or s.
  126  775.083. A written warning to this effect shall be provided at
  127  the time such uniform boating citation is issued.
  128         Section 4. Subsection (1) of section 327.391, Florida
  129  Statutes, is amended to read:
  130         327.391 Airboats regulated.—
  131         (1) The exhaust of every internal combustion engine used on
  132  any airboat operated on the waters of this state shall be
  133  provided with an automotive-style factory muffler, underwater
  134  exhaust, or other manufactured device capable of adequately
  135  muffling the sound of the exhaust of the engine as described in
  136  s. 327.02(28) s. 327.02(25). The use of cutouts or flex pipe as
  137  the sole source of muffling is prohibited, except as provided in
  138  subsection (4). Any person who violates this subsection commits
  139  a noncriminal infraction punishable as provided in s. 327.73(1).
  140         Section 5. This act shall take effect July 1, 2015.