Bill Text: FL S1260 | 2016 | Regular Session | Comm Sub

Bill Title: Anchoring Limitation Areas

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1051 (Ch. 2016-96) [S1260 Detail]

Download: Florida-2016-S1260-Comm_Sub.html
       Florida Senate - 2016                             CS for SB 1260
       By the Committee on Environmental Preservation and Conservation;
       and Senator Simpson
       592-03733A-16                                         20161260c1
    1                        A bill to be entitled                      
    2         An act relating to anchoring limitation areas;
    3         creating s. 327.4108, F.S.; prohibiting overnight
    4         anchoring or mooring of vessels in specified anchoring
    5         limitation areas; providing exceptions; providing for
    6         the removal and impoundment of vessels under certain
    7         circumstances; providing penalties; amending s.
    8         327.70, F.S.; providing for violations to be enforced
    9         by the issuance of a uniform boating citation;
   10         amending s. 327.73, F.S.; providing penalties;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 327.4108, Florida Statutes, is created
   16  to read:
   17         327.4108Anchoring or mooring of vessels in anchoring
   18  limitation areas.—
   19         (1)The following densely populated urban areas, which have
   20  narrow state waterways, residential docking facilities, and
   21  significant recreational boating traffic and are located in
   22  counties with populations exceeding 1.5 million residents, are
   23  designated as anchoring limitation areas:
   24         (a)The section of Middle River lying between Northeast
   25  21st Court and the Intracoastal Waterway in Broward County.
   26         (b)Sunset Lake in Miami-Dade County.
   27         (c)The sections of Biscayne Bay in Miami-Dade County lying
   28  between:
   29         1.Rivo Alto Island and Di Lido Island.
   30         2.San Marino Island and San Marco Island.
   31         3.San Marco Island and Biscayne Island.
   32         (2)To promote the public’s use and enjoyment of the
   33  designated waterway, except as provided in subsections (3) and
   34  (4), a person may not anchor a vessel at any time during the
   35  period between one-half hour after sunset and one-half hour
   36  before sunrise in an anchorage limitation area.
   37         (3)Notwithstanding subsection (2), a person may anchor a
   38  vessel in an anchorage limitation area:
   39         (a)If the vessel suffers a mechanical failure that poses
   40  an unreasonable risk of harm to the vessel or the persons
   41  onboard unless the vessel anchors. The vessel may anchor for 3
   42  business days or until the vessel is repaired, whichever occurs
   43  first.
   44         (b)If imminent or existing weather conditions in the
   45  vicinity of the vessel pose an unreasonable risk of harm to the
   46  vessel or the persons onboard unless the vessel anchors. The
   47  vessel may anchor until weather conditions no longer pose such
   48  risk. During a hurricane or a tropical storm, weather conditions
   49  are deemed to no longer pose an unreasonable risk of harm when
   50  the hurricane or tropical storm warning affecting the area has
   51  expired.
   52         (c)During events described in s. 327.48 or other special
   53  events, including, but not limited to, public music
   54  performances, local government waterfront activities, or
   55  fireworks displays. A vessel may anchor for the lesser of the
   56  duration of the special event or for 3 days.
   57         (4)This section does not apply to:
   58         (a)Vessels owned or operated by a governmental entity for
   59  law enforcement, firefighting, military, or rescue purposes.
   60         (b)Construction or dredging vessels on an active job site.
   61         (c)Vessels actively engaged in commercial fishing.
   62         (d)Vessels engaged in recreational fishing, if the persons
   63  onboard are actively tending hook and line fishing gear or nets.
   64         (5)(a)As used in this subsection, the term “law
   65  enforcement officer or agency” means an officer or agency
   66  authorized to enforce this section pursuant to s. 327.70.
   67         (b)A law enforcement officer or agency may remove a vessel
   68  from an anchorage limitation area and impound the vessel for up
   69  to 48 hours, or cause such removal and impoundment, if the
   70  vessel operator, after being issued a citation for a violation
   71  of this section:
   72         1.Anchors the vessel in violation of this section within
   73  12 hours after being issued the citation; or
   74         2.Refuses to leave the anchorage limitation area after
   75  being directed to do so by a law enforcement officer or agency.
   76         (c)A law enforcement officer or agency acting under this
   77  subsection to remove or impound a vessel, or to cause such
   78  removal or impoundment, shall be held harmless for any damage to
   79  the vessel resulting from such removal or impoundment unless the
   80  damage results from gross negligence or willful misconduct.
   81         (d)A contractor performing removal or impoundment services
   82  at the direction of a law enforcement officer or agency pursuant
   83  to this subsection must:
   84         1.Be licensed in accordance with United States Coast Guard
   85  regulations, as applicable.
   86         2.Obtain and carry a current policy issued by a licensed
   87  insurance carrier in this state to insure against any accident,
   88  loss, injury, property damage, or other casualty caused by or
   89  resulting from the contractor’s actions.
   90         3.Be properly equipped to perform such services.
   91         (e)In addition to the civil penalty imposed under s.
   92  327.73(1)(y), the operator of a vessel that is removed and
   93  impounded pursuant to paragraph (b) must pay all removal and
   94  storage fees before the vessel is released. A vessel removed
   95  pursuant to paragraph (b) may not be impounded for longer than
   96  48 hours.
   97         (6)A violation of this section is punishable as provided
   98  in s. 327.73(1)(y).
   99         Section 2. Paragraph (c) is added to subsection (2) of
  100  section 327.70, Florida Statutes, to read:
  101         327.70 Enforcement of this chapter and chapter 328.—
  102         (2)
  103         (c)A noncriminal violation of s. 327.4108 may be enforced
  104  by a uniform boating citation issued to the operator of a vessel
  105  unlawfully anchored in an anchoring limitation area.
  106         Section 3. Paragraph (y) is added to subsection (1) of
  107  section 327.73, Florida Statutes, to read:
  108         327.73 Noncriminal infractions.—
  109         (1) Violations of the following provisions of the vessel
  110  laws of this state are noncriminal infractions:
  111         (y)Section 327.4108, relating to the anchoring of vessels
  112  in anchoring limitation areas, for which the penalty is:
  113         1.For a first offense, up to a maximum of $50.
  114         2.For a second offense, up to a maximum of $100.
  115         3.For a third or subsequent offense, up to a maximum of
  116  $250.
  118  Any person cited for a violation of any provision of this
  119  subsection shall be deemed to be charged with a noncriminal
  120  infraction, shall be cited for such an infraction, and shall be
  121  cited to appear before the county court. The civil penalty for
  122  any such infraction is $50, except as otherwise provided in this
  123  section. Any person who fails to appear or otherwise properly
  124  respond to a uniform boating citation shall, in addition to the
  125  charge relating to the violation of the boating laws of this
  126  state, be charged with the offense of failing to respond to such
  127  citation and, upon conviction, be guilty of a misdemeanor of the
  128  second degree, punishable as provided in s. 775.082 or s.
  129  775.083. A written warning to this effect shall be provided at
  130  the time such uniform boating citation is issued.
  131         Section 4. This act shall take effect July 1, 2016.