Florida Senate - 2022                                    SB 1546
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01042-22                                           20221546__
    1                        A bill to be entitled                      
    2         An act relating to vessel safety flags; amending s.
    3         327.391, F.S.; removing the requirement that airboats
    4         be equipped with masts or flagpoles bearing certain
    5         safety flags; amending s. 327.50, F.S.; prohibiting
    6         the operation and anchoring of vessels without masts
    7         or flagpoles bearing certain safety flags under
    8         specified conditions; providing applicability;
    9         providing penalties; amending s. 327.73, F.S.;
   10         conforming provisions to changes made by the act;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (1) and (3) of section 327.391,
   16  Florida Statutes, are amended to read:
   17         327.391 Airboats regulated.—
   18         (1) The exhaust of every internal combustion engine used on
   19  any airboat operated on the waters of this state shall be
   20  provided with an automotive-style factory muffler, underwater
   21  exhaust, or other manufactured device capable of adequately
   22  muffling the sound of the exhaust of the engine as described in
   23  s. 327.02(31). The use of cutouts or flex pipe as the sole
   24  source of muffling is prohibited, except as provided in
   25  subsection (3) (4). A person who violates this subsection
   26  commits a noncriminal infraction, punishable as provided in s.
   27  327.73(1).
   28         (3) An airboat may not operate on the waters of the state
   29  unless it is equipped with a mast or flagpole bearing a flag at
   30  a height of at least 10 feet above the lowest portion of the
   31  vessel. The flag must be square or rectangular, at least 10
   32  inches by 12 inches in size, international orange in color, and
   33  displayed so that the visibility of the flag is not obscured in
   34  any direction. Any person who violates this subsection commits a
   35  noncriminal infraction punishable as provided in s. 327.73(1).
   36         Section 2. Subsection (4) is added to section 327.50,
   37  Florida Statutes, to read:
   38         327.50 Vessel safety regulations; equipment and lighting
   39  requirements.—
   40         (4) A vessel may not operate or be anchored on the waters
   41  of this state where visibility is limited by vegetation that
   42  extends 18 inches or higher above the current water line and is
   43  present within 10 feet on both sides of the vessel unless the
   44  vessel is equipped with a mast or flagpole bearing a flag at a
   45  height of at least 10 feet above the lowest portion of the
   46  vessel. The flag must meet design, minimum size, and color
   47  requirements as established by commission rule and be displayed
   48  so that the visibility of the flag is not obscured in any
   49  direction. This subsection does not apply to a vessel that has a
   50  height greater than 10 feet above the water line. A person who
   51  violates this subsection commits a noncriminal infraction
   52  punishable as provided in s. 327.73(1).
   53         Section 3. Paragraphs (m) and (w) of subsection (1) of
   54  section 327.73, Florida Statutes, are amended to read:
   55         327.73 Noncriminal infractions.—
   56         (1) Violations of the following provisions of the vessel
   57  laws of this state are noncriminal infractions:
   58         (m) Section 327.50(1), and (2), and (4) relating to
   59  required safety equipment, lights, and shapes, and flags.
   60         (w) Section 327.391(3), relating to the display of a flag
   61  on an airboat.
   62  
   63  Any person cited for a violation of any provision of this
   64  subsection shall be deemed to be charged with a noncriminal
   65  infraction, shall be cited for such an infraction, and shall be
   66  cited to appear before the county court. The civil penalty for
   67  any such infraction is $50, except as otherwise provided in this
   68  section. Any person who fails to appear or otherwise properly
   69  respond to a uniform boating citation shall, in addition to the
   70  charge relating to the violation of the boating laws of this
   71  state, be charged with the offense of failing to respond to such
   72  citation and, upon conviction, be guilty of a misdemeanor of the
   73  second degree, punishable as provided in s. 775.082 or s.
   74  775.083. A written warning to this effect shall be provided at
   75  the time such uniform boating citation is issued.
   76         Section 4. This act shall take effect July 1, 2023.