Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1666
       
       
       
       
       
       
                                Ì8478220Î847822                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2019           .                                
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       The Committee on Environment and Natural Resources (Flores)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 327.395, Florida
    6  Statutes, is amended to read:
    7         327.395 Boating safety identification cards.—
    8         (1) A person born on or after January 1, 1988, may not
    9  operate a vessel powered by a motor of 10 horsepower or greater
   10  unless such person has in his or her possession aboard the
   11  vessel photographic identification and a boater safety
   12  identification card issued by the commission, or a state-issued
   13  identification card or driver license indicating possession of
   14  the boater safety identification card, which shows that he or
   15  she has:
   16         (a) Completed a commission-approved boater education course
   17  that meets the minimum 8-hour instruction requirement
   18  established by the National Association of State Boating Law
   19  Administrators;
   20         (b) Passed a course equivalency examination approved by the
   21  commission; or
   22         (c) Passed a temporary certificate examination developed or
   23  approved by the commission.
   24         Section 2. Subsection (6) is added to section 327.4109,
   25  Florida Statutes, to read:
   26         327.4109 Anchoring or mooring prohibited; exceptions;
   27  penalties.—
   28         (6)(a)As used in this subsection, and applied only for the
   29  purposes of the study required by this subsection and not for
   30  any other purposes, the term “long-term stored vessel” means a
   31  vessel on the waters of the state which is not under the
   32  supervision and control of a person capable of operating,
   33  maintaining, or moving it from one location to another and which
   34  has remained anchored or moored outside of a public mooring
   35  field for at least 30 days out of a 60-day period.
   36         (b)The commission shall conduct, or contract with a
   37  private vendor to conduct, for not longer than 2 years, a study
   38  of the impacts of long-term stored vessels on local communities
   39  and this state.
   40         (c)The study shall:
   41         1.Investigate whether, and to what extent, long-term
   42  stored vessels and vessels anchored or moored outside of public
   43  mooring fields for more than 30 days contribute to the number of
   44  derelict and abandoned vessels on the waters of the state.
   45         2.Investigate the impacts of long-term stored vessels,
   46  vessels anchored or moored outside of public mooring fields for
   47  more than 30 days, and vessels moored within public mooring
   48  fields on the local and state economies, public safety, and the
   49  environment during and after significant tropical storm and
   50  hurricane events.
   51         3.Provide recommendations for appropriate management
   52  options for long-term stored vessels and vessels anchored or
   53  moored outside public mooring fields for more than 30 days to
   54  mitigate any identified negative impacts to local communities
   55  and this state.
   56         (d)The commission shall submit a report of its findings
   57  and recommendations to the Governor, the President of the
   58  Senate, and the Speaker of the House of Representatives within 6
   59  months after the study is completed.
   60         (e)This subsection is contingent upon appropriation by the
   61  Legislature.
   62         (f)This subsection expires January 1, 2024.
   63         Section 3. Present paragraphs (c) and (d) of subsection (4)
   64  of section 327.60, Florida Statutes, are redesignated as
   65  paragraphs (d) and (e), respectively, and a new paragraph (c) is
   66  added to that subsection, to read:
   67         327.60 Local regulations; limitations.—
   68         (4)
   69         (c) A county designated as a rural area of opportunity may
   70  create a no-discharge zone for freshwater waterbodies within the
   71  county’s jurisdiction in which treated and untreated sewage
   72  discharges from live-aboard vessels, houseboats, floating
   73  structures, and commercial vessels are prohibited. Within no
   74  discharge zone boundaries, vessel operators shall retain their
   75  sewage on board for discharge at sea or on shore at a pumpout
   76  facility. For the purposes of this section, the term “at sea”
   77  means more than 3 miles off the coast in the Atlantic Ocean or
   78  more than 10 miles off the coast in the Gulf of Mexico.
   79  Violations of this paragraph are punishable as provided in s.
   80  327.53(6) and (7).
   81         Section 4. Paragraph (r) of subsection (1) of section
   82  327.73, Florida Statutes, is amended, and paragraph (s) of that
   83  subsection and subsection (4) of that section are reenacted, to
   84  read:
   85         327.73 Noncriminal infractions.—
   86         (1) Violations of the following provisions of the vessel
   87  laws of this state are noncriminal infractions:
   88         (r) Section 327.53(4), (5), and (7), relating to marine
   89  sanitation, and section 327.60, relating to no-discharge zones,
   90  for which the civil penalty is $250.
   91         (s) Section 327.395, relating to boater safety education.
   92  
   93  Any person cited for a violation of any provision of this
   94  subsection shall be deemed to be charged with a noncriminal
   95  infraction, shall be cited for such an infraction, and shall be
   96  cited to appear before the county court. The civil penalty for
   97  any such infraction is $50, except as otherwise provided in this
   98  section. Any person who fails to appear or otherwise properly
   99  respond to a uniform boating citation shall, in addition to the
  100  charge relating to the violation of the boating laws of this
  101  state, be charged with the offense of failing to respond to such
  102  citation and, upon conviction, be guilty of a misdemeanor of the
  103  second degree, punishable as provided in s. 775.082 or s.
  104  775.083. A written warning to this effect shall be provided at
  105  the time such uniform boating citation is issued.
  106         (4) Any person charged with a noncriminal infraction under
  107  this section may:
  108         (a) Pay the civil penalty, either by mail or in person,
  109  within 30 days of the date of receiving the citation; or,
  110         (b) If he or she has posted bond, forfeit bond by not
  111  appearing at the designated time and location.
  112  
  113  If the person cited follows either of the above procedures, he
  114  or she shall be deemed to have admitted the noncriminal
  115  infraction and to have waived the right to a hearing on the
  116  issue of commission of the infraction. Such admission shall not
  117  be used as evidence in any other proceedings. If a person who is
  118  cited for a violation of s. 327.395 can show a boating safety
  119  identification card issued to that person and valid at the time
  120  of the citation, the clerk of the court may dismiss the case and
  121  may assess a dismissal fee of up to $10. If a person who is
  122  cited for a violation of s. 328.72(13) can show proof of having
  123  a registration for that vessel which was valid at the time of
  124  the citation, the clerk may dismiss the case and may assess the
  125  dismissal fee.
  126         Section 5. Subsection (15) of section 328.72, Florida
  127  Statutes, is amended to read:
  128         328.72 Classification; registration; fees and charges;
  129  surcharge; disposition of fees; fines; marine turtle stickers.—
  130         (15) DISTRIBUTION OF FEES.—Except as provided in this
  131  subsection for the first $2, $1 of which shall be remitted to
  132  the state for deposit into the Save the Manatee Trust Fund
  133  created within the Fish and Wildlife Conservation Commission and
  134  $1 of which shall be remitted to the state for deposit into the
  135  Marine Resources Conservation Trust Fund to fund a grant program
  136  for public launching facilities pursuant to s. 206.606, giving
  137  priority consideration to counties with more than 35,000
  138  registered vessels, moneys designated for the use of the
  139  counties, as specified in subsection (1), shall be distributed
  140  by the tax collector to the board of county commissioners for
  141  use only as provided in this section. Such moneys to be returned
  142  to the counties are for the sole purposes of providing,
  143  maintaining, or operating recreational channel marking and other
  144  uniform waterway markers, public boat ramps, lifts, and hoists,
  145  marine railways, boat piers, docks, mooring buoys, and other
  146  public launching facilities; and removing derelict vessels,
  147  debris that specifically impede boat access, not including the
  148  dredging of channels, and vessels and floating structures deemed
  149  a hazard to public safety and health for failure to comply with
  150  s. 327.53. Counties shall demonstrate through an annual detailed
  151  accounting report of vessel registration revenues that the
  152  registration fees were spent as provided in this subsection.
  153  This report shall be provided to the Fish and Wildlife
  154  Conservation Commission no later than November 1 of each year.
  155  If, before January 1 of each calendar year, the accounting
  156  report meeting the prescribed criteria has still not been
  157  provided to the commission, the tax collector of that county may
  158  not distribute the moneys designated for the use of counties, as
  159  specified in subsection (1), to the board of county
  160  commissioners but shall, for the next calendar year, remit such
  161  moneys to the state for deposit into the Marine Resources
  162  Conservation Trust Fund. The commission shall return those
  163  moneys to the county if the county fully complies with this
  164  section within that calendar year. If the county does not fully
  165  comply with this section within that calendar year, the moneys
  166  shall remain within the Marine Resources Trust Fund and may be
  167  appropriated for the purposes specified in this subsection.
  168         (a)From the vessel registration fees designated for use by
  169  the counties in subsection (1), $1 shall be remitted to the
  170  state for deposit into the Save the Manatee Trust Fund.
  171         (b)From the vessel registration fees designated for use by
  172  the counties in subsection (1), $1 shall be remitted to the
  173  state for deposit into the Marine Resources Conservation Trust
  174  Fund to fund a grant program for public launching facilities
  175  pursuant to s. 206.606, giving priority consideration to
  176  counties with more than 35,000 registered vessels.
  177         (c)From the vessel registration fees designated for use by
  178  the counties in subsection (1), the following amounts shall be
  179  remitted to the state for deposit into the Marine Resources
  180  Conservation Trust Fund to fund derelict vessel removal grants
  181  pursuant to s. 376.15:
  182         1.Class A-2: $0.25 for each 12-month period registered.
  183         2.Class 1: $2.06 for each 12-month period registered.
  184         3.Class 2: $9.26 for each 12-month period registered.
  185         4.Class 3: $16.45 for each 12-month period registered.
  186         5.Class 4: $20.06 for each 12-month period registered.
  187         6.Class 5: $25.46 for each 12-month period registered.
  188         Section 6. Paragraph (d) of subsection (3) of section
  189  376.15, Florida Statutes, is amended to read:
  190         376.15 Derelict vessels; relocation or removal from public
  191  waters.—
  192         (3)
  193         (d) The commission may establish a program to provide
  194  grants to local governments for the removal of derelict vessels
  195  from the public waters of the state. The program shall be funded
  196  from the Marine Resources Conservation Trust Fund or the Florida
  197  Coastal Protection Trust Fund. Notwithstanding the provisions in
  198  s. 216.181(11), funds available for grants may only be
  199  authorized by appropriations acts of the Legislature.
  200         Section 7. Subsection (6) is added to section 823.11,
  201  Florida Statutes, to read:
  202         823.11 Derelict vessels; relocation or removal; penalty.—
  203         (6)If an owner or a responsible party of a vessel
  204  determined to be derelict as defined in s. 823.11(1) has been
  205  charged by an officer of the commission or any law enforcement
  206  agency or officer as specified in s. 327.70 and adjudicated
  207  under subsection (5) for a violation of subsection (2) or a
  208  violation of s. 376.15(2), a person may not reside or dwell on
  209  such vessel until the vessel is removed from the waters of the
  210  state permanently or returned to the waters of the state in a
  211  condition that is no longer derelict.
  212         Section 8. This act shall take effect July 1, 2019.
  213  
  214  ================= T I T L E  A M E N D M E N T ================
  215  And the title is amended as follows:
  216         Delete everything before the enacting clause
  217  and insert:
  218                        A bill to be entitled                      
  219         An act relating to vessels; amending s. 327.395, F.S.;
  220         requiring all persons, rather than only persons born
  221         after a specified date, to have a specified boating
  222         safety identification card in their possession before
  223         operating certain vessels; amending s. 327.4109, F.S.;
  224         defining a term; directing the Fish and Wildlife
  225         Conservation Commission to conduct, contingent upon
  226         appropriation, a specified study of the impacts of
  227         long-term stored vessels and certain anchored and
  228         moored vessels on local communities and the state and
  229         to submit a report to the Governor and Legislature
  230         within a specified time; providing for expiration of
  231         the study; amending s. 327.60, F.S.; authorizing
  232         certain counties to create no-discharge zones;
  233         defining the term “at sea”; reenacting and amending s.
  234         327.73, F.S., relating to noncriminal infractions;
  235         specifying the fines for such violations; amending s.
  236         328.72, F.S.; revising the distribution of vessel
  237         registration fees to provide grants for derelict
  238         vessel removal; amending s. 376.15, F.S.; conforming
  239         provisions to changes made by the act; amending s.
  240         823.11, F.S.; prohibiting persons from residing or
  241         dwelling on certain derelict vessels until certain
  242         conditions are met; providing an effective date.