Florida Senate - 2019                             CS for SB 1530
       By the Committee on Environment and Natural Resources; and
       Senator Rouson
       592-03795-19                                          20191530c1
    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. 327.73, F.S.; revising civil penalties
    6         relating to certain at-risk vessels and prohibited
    7         anchoring or mooring; providing civil penalties
    8         relating to vessels that fail to reduce speed for
    9         special hazards; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 327.332, Florida Statutes, is created to
   14  read:
   15         327.332 Special hazards requiring slow speed.—
   16         (1) A vessel operator must reduce to slow speed, minimum
   17  wake upon approaching within 300 feet of any emergency vessel,
   18  including, but not limited to, a law enforcement vessel, United
   19  States Coast Guard vessel or auxiliary vessel, fire vessel, or
   20  tow vessel, with its emergency lights activated.
   21         (2) A vessel operator must reduce to slow speed, minimum
   22  wake upon approaching within 300 feet of any construction vessel
   23  or barge when workers are present and actively engaged in
   24  operations and an orange flag or yellow flashing light is
   25  displayed from the tallest portion of the vessel or barge.
   26         (3) A vessel operator found in violation of this section is
   27  guilty of a noncriminal infraction as provided in s. 327.73.
   28         Section 2. Paragraphs (aa) and (bb) of subsection (1) of
   29  section 327.73, Florida Statutes, are amended, and paragraph
   30  (cc) is added to that subsection, 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         (aa) Section 327.4107, relating to vessels at risk of
   35  becoming derelict on waters of this state, for which the civil
   36  penalty is:
   37         1. For a first offense, $50.
   38         2. For a second offense occurring 30 days or more after a
   39  first offense, $250 $100.
   40         3. For a third or subsequent offense occurring 30 days or
   41  more after a previous offense, $500 $250.
   42         (bb) Section 327.4109, relating to anchoring or mooring in
   43  a prohibited area, for which the penalty is:
   44         1. For a first offense, up to a maximum of $50.
   45         2. For a second offense, up to a maximum of $250 $100.
   46         3. For a third or subsequent offense, up to a maximum of
   47  $500 $250.
   48         (cc) Section 327.332, relating to vessels failing to reduce
   49  speed for special hazards, for which the penalty is:
   50         1. For a first offense, $50.
   51         2. For a second offense occurring within 12 months after a
   52  prior conviction, $250.
   53         3. For a third offense occurring within 36 months after a
   54  prior conviction, $500.
   55         4. For a fourth or subsequent offense occurring within 72
   56  months after a prior conviction, $1,000.
   58  Any person cited for a violation of any provision of this
   59  subsection shall be deemed to be charged with a noncriminal
   60  infraction, shall be cited for such an infraction, and shall be
   61  cited to appear before the county court. The civil penalty for
   62  any such infraction is $50, except as otherwise provided in this
   63  section. Any person who fails to appear or otherwise properly
   64  respond to a uniform boating citation shall, in addition to the
   65  charge relating to the violation of the boating laws of this
   66  state, be charged with the offense of failing to respond to such
   67  citation and, upon conviction, be guilty of a misdemeanor of the
   68  second degree, punishable as provided in s. 775.082 or s.
   69  775.083. A written warning to this effect shall be provided at
   70  the time such uniform boating citation is issued.
   71         Section 3. This act shall take effect July 1, 2019.