Bill Amendment: FL S1666 | 2019 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Vessels

Status: 2019-05-24 - Chapter No. 2019-54 [S1666 Detail]

Download: Florida-2019-S1666-Senate_Floor_Amendment_771362.html

---

       Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1666
       
       
       
       
       
       
                                Ì771362#Î771362                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Rouson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 211 - 221
    4  and insert:
    5         Section 4. Section 327.332, Florida Statutes, is created to
    6  read:
    7         327.332 Special hazards requiring slow speed.—
    8         (1) A vessel operator must reduce to slow speed, minimum
    9  wake upon approaching within 300 feet of any emergency vessel,
   10  including, but not limited to, a law enforcement vessel, United
   11  States Coast Guard vessel or auxiliary vessel, fire vessel, or
   12  tow vessel, with its emergency lights activated.
   13         (2) A vessel operator must reduce to slow speed, minimum
   14  wake upon approaching within 300 feet of any construction vessel
   15  or barge when workers are present and actively engaged in
   16  operations and an orange flag or yellow flashing light is
   17  displayed from the tallest portion of the vessel or barge.
   18         (3) A vessel operator found in violation of this section
   19  commits a noncriminal infraction as provided in s. 327.73.
   20         Section 5. Paragraphs (r), (aa), and (bb) of subsection (1)
   21  of section 327.73, Florida Statutes, are amended, paragraph (cc)
   22  is added to that subsection, and paragraph (s) of that
   23  subsection and subsection (4) of that section are reenacted, to
   24  read:
   25         327.73 Noncriminal infractions.—
   26         (1) Violations of the following provisions of the vessel
   27  laws of this state are noncriminal infractions:
   28         (r) Section 327.53(4), (5), and (7), relating to marine
   29  sanitation, and section 327.60, relating to no-discharge zones,
   30  for which the civil penalty is $250.
   31         (s) Section 327.395, relating to boater safety education.
   32         (aa) Section 327.4107, relating to vessels at risk of
   33  becoming derelict on waters of this state, for which the civil
   34  penalty is:
   35         1. For a first offense, $50.
   36         2. For a second offense occurring 30 days or more after a
   37  first offense, $250 $100.
   38         3. For a third or subsequent offense occurring 30 days or
   39  more after a previous offense, $500 $250.
   40  
   41  If a vessel is not relocated within 60 days after receiving a
   42  citation for a third offense, the vessel may be moved to a safe
   43  storage area and impounded by law enforcement. Local
   44  governmental law enforcement agencies are responsible for
   45  expenses relating to the removal and the relocation of a vessel
   46  to a safe storage area and, if necessary, for disposal of the
   47  vessel if the vessel is not claimed within 60 days.
   48         (bb) Section 327.4109, relating to anchoring or mooring in
   49  a prohibited area, for which the penalty is:
   50         1. For a first offense, up to a maximum of $50.
   51         2. For a second offense, up to a maximum of $250 $100.
   52         3. For a third or subsequent offense, up to a maximum of
   53  $500 $250.
   54         (cc) Section 327.332, relating to vessels failing to reduce
   55  speed for special hazards, for which the penalty is:
   56         1. For a first offense, $50.
   57         2. For a second offense occurring within 12 months after a
   58  prior conviction, $250.
   59         3. For a third offense occurring within 36 months after a
   60  prior conviction, $500.
   61         4. For a fourth or subsequent offense occurring within 72
   62  months after a prior conviction, $1,000.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 26 - 28
   67  and insert:
   68         areas outside of the no-discharge zones; creating s.
   69         327.332, F.S.; requiring vessel operators to reduce
   70         speed in specified hazardous situations; providing
   71         penalties; reenacting and amending s. 327.73, F.S.;
   72         revising civil penalties relating to certain at-risk
   73         vessels and prohibited anchoring or mooring; providing
   74         civil penalties relating to vessels operators who fail
   75         to reduce speed for special hazards; specifying the
   76         fines for violations