Florida Senate - 2016                                    SB 1260
       
       
        
       By Senator Simpson
       
       18-01671-16                                           20161260__
    1                        A bill to be entitled                      
    2         An act relating to recreational boating zones;
    3         creating s. 327.4107, F.S.; prohibiting overnight
    4         anchoring or mooring of vessels in specified
    5         recreational boating zones; amending s. 327.73, F.S.;
    6         providing penalties; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 327.4107, Florida Statutes, is created
   11  to read:
   12         327.4107 Anchoring or mooring of vessels in recreational
   13  boating zones.—
   14         (1) A person may not anchor or moor a vessel at any time
   15  between the hours from one-half hour after sunset to one-half
   16  hour before sunrise in the following recreational boating zones:
   17         (a) The section of Middle River lying between Northeast
   18  21st Court and the Intracoastal Waterway in Broward County.
   19         (b) Sunset Lake in Miami-Dade County.
   20         (c) The sections of Biscayne Bay in Miami-Dade County lying
   21  between:
   22         1. Rivo Alto Island and Di Lido Island.
   23         2. San Marino Island and San Marco Island.
   24         3. San Marco Island and Biscayne Island.
   25         (d) Crab Island in Choctawhatchee Bay at the East Pass in
   26  Okaloosa County.
   27         (2) A violation of this section is punishable as provided
   28  in s. 327.73(1)(y).
   29         Section 2. Paragraph (y) is added to subsection (1) of
   30  section 327.73, Florida Statutes, to read:
   31         327.73 Noncriminal infractions.—
   32         (1) Violations of the following provisions of the vessel
   33  laws of this state are noncriminal infractions:
   34         (y) Section 327.4107, relating to the anchoring or mooring
   35  of vessels in recreational boating zones.
   36  
   37  Any person cited for a violation of any provision of this
   38  subsection shall be deemed to be charged with a noncriminal
   39  infraction, shall be cited for such an infraction, and shall be
   40  cited to appear before the county court. The civil penalty for
   41  any such infraction is $50, except as otherwise provided in this
   42  section. Any person who fails to appear or otherwise properly
   43  respond to a uniform boating citation shall, in addition to the
   44  charge relating to the violation of the boating laws of this
   45  state, be charged with the offense of failing to respond to such
   46  citation and, upon conviction, be guilty of a misdemeanor of the
   47  second degree, punishable as provided in s. 775.082 or s.
   48  775.083. A written warning to this effect shall be provided at
   49  the time such uniform boating citation is issued.
   50         Section 3. This act shall take effect July 1, 2016.