Florida Senate - 2019                                    SB 1530
       By Senator Rouson
       19-01529A-19                                          20191530__
    1                        A bill to be entitled                      
    2         An act relating to vessels; creating s. 327.332, F.S.;
    3         requiring vessel operators to reduce speed in
    4         specified hazardous situations; providing penalties;
    5         amending s. 327.4107, F.S.; revising criteria for
    6         determining that a vessel is at risk of becoming
    7         derelict; requiring that such vessels be moved after
    8         certain notice is delivered to the owner or operator
    9         of the vessel or posted conspicuously on the vessel;
   10         amending s. 328.21, F.S.; providing criminal penalties
   11         for failure to present a certificate of title showing
   12         proper transfer of vessel ownership; amending s.
   13         327.73, F.S.; revising civil penalties relating to
   14         certain at-risk vessels and prohibited anchoring or
   15         mooring; providing civil penalties for vessels which
   16         create special hazards; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 327.332, Florida Statutes, is created to
   21  read:
   22         327.332Special hazards.—
   23         (1)A vessel operator shall reduce speed to slow speed,
   24  minimum wake upon seeing a vessel or person in a hazardous or
   25  vulnerable position, if the wake from the operator’s vessel is
   26  likely to cause property damage or injury to the vulnerable
   27  vessel or person. A vessel is not in a hazardous or vulnerable
   28  position under this subsection if it is docked and unattended.
   29         (2)A vessel operator shall reduce to slow speed, minimum
   30  wake upon approaching within 300 feet of any emergency vessel,
   31  including, but not limited to, a law enforcement vessel, a
   32  United States Coast Guard vessel or auxiliary vessel, a fire
   33  vessel, or a tow vessel, with its emergency lights activated.
   34         (3)A vessel operator shall reduce to slow speed, minimum
   35  wake upon approaching within 300 feet of any construction vessel
   36  or barge actively engaged in operations and displaying an orange
   37  flag or a yellow flashing light from the tallest portion of such
   38  vessel or barge.
   39         (4)A vessel operator found in violation of this section is
   40  guilty of a noncriminal infraction as provided in s. 327.73.
   41         Section 2. Present subsections (3), (4), and (5) of section
   42  327.4107, Florida Statutes, are redesignated as subsections (4),
   43  (5), and (6), respectively, paragraph (e) of subsection (2) of
   44  that section is amended, and a new subsection (3) is added to
   45  that section, to read:
   46         327.4107 Vessels at risk of becoming derelict on waters of
   47  this state.—
   48         (2) An officer of the commission or of a law enforcement
   49  agency specified in s. 327.70 may determine that a vessel is at
   50  risk of becoming derelict if any of the following conditions
   51  exist:
   52         (e) The vessel does not have or is unable to demonstrate an
   53  effective means of propulsion for safe navigation within 72
   54  hours after the vessel owner or operator receives telephonic or
   55  written notice, which may be provided by facsimile, electronic
   56  mail, or other electronic means, stating such from an officer,
   57  does not have a declared destination upon inquiry by a law
   58  enforcement officer, and the vessel owner or operator is unable
   59  to provide a receipt, proof of purchase, or other documentation
   60  of having ordered necessary parts for vessel repair. The
   61  commission may adopt rules to implement this paragraph.
   62         (3)A vessel at risk of becoming derelict must be moved to
   63  a location with a minimum distance of 3 miles from the previous
   64  location on or before 90 days after the date of notice pursuant
   65  to paragraph (2)(e) is delivered to the owner of the vessel or
   66  posted conspicuously on the vessel.
   67         Section 3. Section 328.21, Florida Statutes, is amended to
   68  read:
   69         328.21 Transfer without delivery of certificate; operation
   70  or use without certificate; failure to surrender; other
   71  violations.—A person who:
   72         (1) Except as otherwise provided for in this chapter,
   73  purports to sell or transfer a vessel for which a certificate of
   74  title is required without delivering to the purchaser or
   75  transferee thereof a certificate of title thereto which is duly
   76  assigned to the purchaser as provided in this chapter or who
   77  operates or uses in this state a vessel for which a certificate
   78  of title is required, without the certificate having been
   79  obtained in accordance with this chapter, or upon which the
   80  certificate of title has been canceled;
   81         (2) Fails to surrender any certificate of title,
   82  certificate of registration, or sticker upon cancellation of the
   83  same by the department and notice thereof as prescribed in this
   84  chapter;
   85         (3) Fails to surrender the certificate of title to the
   86  department as provided in this chapter when the vessel has been
   87  destroyed, dismantled, or changed so that it is not the vessel
   88  described in the certificate of title; or
   89         (4)Fails to present the certificate of title to the
   90  department with the new owner information to ensure proper
   91  transfer of ownership of the vessel; or
   92         (5)(4) Violates any of the other provisions of this
   93  chapter, or any lawful rule adopted under this chapter,
   95  is guilty of a misdemeanor of the second degree, punishable as
   96  provided in s. 775.082 or s. 775.083, for each offense.
   97         Section 4. Paragraphs (aa) and (bb) of subsection (1) of
   98  section 327.73, Florida Statutes, are amended, and paragraph
   99  (cc) is added to that subsection, to read:
  100         327.73 Noncriminal infractions.—
  101         (1) Violations of the following provisions of the vessel
  102  laws of this state are noncriminal infractions:
  103         (aa) Section 327.4107, relating to vessels at risk of
  104  becoming derelict on waters of this state, for which the civil
  105  penalty is:
  106         1. For a first offense, $100 $50.
  107         2. For a second offense occurring 30 days or more after a
  108  first offense, $250 $100.
  109         3. For a third or subsequent offense occurring 30 days or
  110  more after a previous offense, $500 $250. A person cited more
  111  than 3 times within a 12-month period may have their vessel
  112  impounded by law enforcement.
  113         (bb) Section 327.4109, relating to anchoring or mooring in
  114  a prohibited area, for which the penalty is:
  115         1. For a first offense, up to a maximum of $100 $50.
  116         2. For a second offense, up to a maximum of $250 $100.
  117         3. For a third or subsequent offense, up to a maximum of
  118  $500 $250. A person cited more than 3 times within a 12-month
  119  period may have their vessel impounded by law enforcement.
  120         (cc)Section 327.332, relating to vessels creating special
  121  hazards, for which the penalty is:
  122         1.For a first offense, $50.
  123         2.For a second offense occurring within 12 months after a
  124  prior conviction, $250.
  125         3.For a third offense occurring within 36 months after a
  126  prior conviction, $500.
  127         4.For a fourth or subsequent offense occurring within 72
  128  months after a prior conviction, $1,000.
  130  Any person cited for a violation of any provision of this
  131  subsection shall be deemed to be charged with a noncriminal
  132  infraction, shall be cited for such an infraction, and shall be
  133  cited to appear before the county court. The civil penalty for
  134  any such infraction is $50, except as otherwise provided in this
  135  section. Any person who fails to appear or otherwise properly
  136  respond to a uniform boating citation shall, in addition to the
  137  charge relating to the violation of the boating laws of this
  138  state, be charged with the offense of failing to respond to such
  139  citation and, upon conviction, be guilty of a misdemeanor of the
  140  second degree, punishable as provided in s. 775.082 or s.
  141  775.083. A written warning to this effect shall be provided at
  142  the time such uniform boating citation is issued.
  143         Section 5. This act shall take effect July 1, 2019.