Florida Senate - 2016 CS for SB 1260 By the Committee on Environmental Preservation and Conservation; and Senator Simpson 592-03733A-16 20161260c1 1 A bill to be entitled 2 An act relating to anchoring limitation areas; 3 creating s. 327.4108, F.S.; prohibiting overnight 4 anchoring or mooring of vessels in specified anchoring 5 limitation areas; providing exceptions; providing for 6 the removal and impoundment of vessels under certain 7 circumstances; providing penalties; amending s. 8 327.70, F.S.; providing for violations to be enforced 9 by the issuance of a uniform boating citation; 10 amending s. 327.73, F.S.; providing penalties; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 327.4108, Florida Statutes, is created 16 to read: 17 327.4108 Anchoring or mooring of vessels in anchoring 18 limitation areas.— 19 (1) The following densely populated urban areas, which have 20 narrow state waterways, residential docking facilities, and 21 significant recreational boating traffic and are located in 22 counties with populations exceeding 1.5 million residents, are 23 designated as anchoring limitation areas: 24 (a) The section of Middle River lying between Northeast 25 21st Court and the Intracoastal Waterway in Broward County. 26 (b) Sunset Lake in Miami-Dade County. 27 (c) The sections of Biscayne Bay in Miami-Dade County lying 28 between: 29 1. Rivo Alto Island and Di Lido Island. 30 2. San Marino Island and San Marco Island. 31 3. San Marco Island and Biscayne Island. 32 (2) To promote the public’s use and enjoyment of the 33 designated waterway, except as provided in subsections (3) and 34 (4), a person may not anchor a vessel at any time during the 35 period between one-half hour after sunset and one-half hour 36 before sunrise in an anchorage limitation area. 37 (3) Notwithstanding subsection (2), a person may anchor a 38 vessel in an anchorage limitation area: 39 (a) If the vessel suffers a mechanical failure that poses 40 an unreasonable risk of harm to the vessel or the persons 41 onboard unless the vessel anchors. The vessel may anchor for 3 42 business days or until the vessel is repaired, whichever occurs 43 first. 44 (b) If imminent or existing weather conditions in the 45 vicinity of the vessel pose an unreasonable risk of harm to the 46 vessel or the persons onboard unless the vessel anchors. The 47 vessel may anchor until weather conditions no longer pose such 48 risk. During a hurricane or a tropical storm, weather conditions 49 are deemed to no longer pose an unreasonable risk of harm when 50 the hurricane or tropical storm warning affecting the area has 51 expired. 52 (c) During events described in s. 327.48 or other special 53 events, including, but not limited to, public music 54 performances, local government waterfront activities, or 55 fireworks displays. A vessel may anchor for the lesser of the 56 duration of the special event or for 3 days. 57 (4) This section does not apply to: 58 (a) Vessels owned or operated by a governmental entity for 59 law enforcement, firefighting, military, or rescue purposes. 60 (b) Construction or dredging vessels on an active job site. 61 (c) Vessels actively engaged in commercial fishing. 62 (d) Vessels engaged in recreational fishing, if the persons 63 onboard are actively tending hook and line fishing gear or nets. 64 (5)(a) As used in this subsection, the term “law 65 enforcement officer or agency” means an officer or agency 66 authorized to enforce this section pursuant to s. 327.70. 67 (b) A law enforcement officer or agency may remove a vessel 68 from an anchorage limitation area and impound the vessel for up 69 to 48 hours, or cause such removal and impoundment, if the 70 vessel operator, after being issued a citation for a violation 71 of this section: 72 1. Anchors the vessel in violation of this section within 73 12 hours after being issued the citation; or 74 2. Refuses to leave the anchorage limitation area after 75 being directed to do so by a law enforcement officer or agency. 76 (c) A law enforcement officer or agency acting under this 77 subsection to remove or impound a vessel, or to cause such 78 removal or impoundment, shall be held harmless for any damage to 79 the vessel resulting from such removal or impoundment unless the 80 damage results from gross negligence or willful misconduct. 81 (d) A contractor performing removal or impoundment services 82 at the direction of a law enforcement officer or agency pursuant 83 to this subsection must: 84 1. Be licensed in accordance with United States Coast Guard 85 regulations, as applicable. 86 2. Obtain and carry a current policy issued by a licensed 87 insurance carrier in this state to insure against any accident, 88 loss, injury, property damage, or other casualty caused by or 89 resulting from the contractor’s actions. 90 3. Be properly equipped to perform such services. 91 (e) In addition to the civil penalty imposed under s. 92 327.73(1)(y), the operator of a vessel that is removed and 93 impounded pursuant to paragraph (b) must pay all removal and 94 storage fees before the vessel is released. A vessel removed 95 pursuant to paragraph (b) may not be impounded for longer than 96 48 hours. 97 (6) A violation of this section is punishable as provided 98 in s. 327.73(1)(y). 99 Section 2. Paragraph (c) is added to subsection (2) of 100 section 327.70, Florida Statutes, to read: 101 327.70 Enforcement of this chapter and chapter 328.— 102 (2) 103 (c) A noncriminal violation of s. 327.4108 may be enforced 104 by a uniform boating citation issued to the operator of a vessel 105 unlawfully anchored in an anchoring limitation area. 106 Section 3. Paragraph (y) is added to subsection (1) of 107 section 327.73, Florida Statutes, to read: 108 327.73 Noncriminal infractions.— 109 (1) Violations of the following provisions of the vessel 110 laws of this state are noncriminal infractions: 111 (y) Section 327.4108, relating to the anchoring of vessels 112 in anchoring limitation areas, for which the penalty is: 113 1. For a first offense, up to a maximum of $50. 114 2. For a second offense, up to a maximum of $100. 115 3. For a third or subsequent offense, up to a maximum of 116 $250. 117 118 Any person cited for a violation of any provision of this 119 subsection shall be deemed to be charged with a noncriminal 120 infraction, shall be cited for such an infraction, and shall be 121 cited to appear before the county court. The civil penalty for 122 any such infraction is $50, except as otherwise provided in this 123 section. Any person who fails to appear or otherwise properly 124 respond to a uniform boating citation shall, in addition to the 125 charge relating to the violation of the boating laws of this 126 state, be charged with the offense of failing to respond to such 127 citation and, upon conviction, be guilty of a misdemeanor of the 128 second degree, punishable as provided in s. 775.082 or s. 129 775.083. A written warning to this effect shall be provided at 130 the time such uniform boating citation is issued. 131 Section 4. This act shall take effect July 1, 2016. 132