Bill Text: FL S1338 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vessels

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2017-04-27 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7043 (Ch. 2017-163) [S1338 Detail]

Download: Florida-2017-S1338-Introduced.html

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       Florida Senate - 2017                                    SB 1338
       
       
        
       By Senator Book
       
       
       
       
       
       32-01187A-17                                          20171338__
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.02, F.S.;
    3         defining the term “effective means of propulsion for
    4         safe navigation”; revising the definition of the term
    5         “live-aboard vessel”; amending s. 327.391, F.S.;
    6         making a conforming change; amending s. 327.4107,
    7         F.S.; providing an additional condition for a vessel
    8         at risk of becoming derelict on waters of this state;
    9         amending s. 327.4108, F.S.; removing the expiration
   10         for a section relating to anchoring of vessels in
   11         anchoring limitation areas; creating s. 327.4109,
   12         F.S.; prohibiting anchoring or mooring of vessels or
   13         floating structures in certain areas; providing
   14         exceptions for certain conditions; providing
   15         exceptions for certain vessels; prohibiting vessels or
   16         floating structures from affixing to unlawful objects
   17         that are on or affixed to the bottom of waters of the
   18         state; providing penalties; amending s. 327.60, F.S.;
   19         authorizing a local government to enact and enforce
   20         regulations related to proof of pumpout in certain
   21         areas; requiring the Fish and Wildlife Conservation
   22         Commission to review such regulations; amending s.
   23         327.70, F.S.; providing for issuance of uniform
   24         boating citations for certain violations; amending s.
   25         327.73, F.S.; providing penalties; amending s. 328.72,
   26         F.S.; providing penalties; providing an effective
   27         date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsections (11) through (44) of section 327.02,
   32  Florida Statutes, are renumbered as subsections (12) through
   33  (45), respectively, present subsection (19) of that section is
   34  amended, and a new subsection (11) is added to that section, to
   35  read:
   36         327.02 Definitions.—As used in this chapter and in chapter
   37  328, unless the context clearly requires a different meaning,
   38  the term:
   39         (11) “Effective means of propulsion for safe navigation”
   40  means the vessel is equipped with:
   41         (a) A functioning motor, controls, and steering system; or
   42         (b) Rigging and sails that are present and in good working
   43  order, and a functioning steering system.
   44         (20)(19) “Live-aboard vessel” means:
   45         (a) A vessel used solely as a residence and not for
   46  navigation;
   47         (b) A vessel represented as a place of business or a
   48  professional or other commercial enterprise; or
   49         (c) A vessel for which a declaration of domicile has been
   50  filed pursuant to s. 222.17; or
   51         (d) A vessel as described in paragraph (a) or paragraph (b)
   52  which does not have an effective means of propulsion for safe
   53  navigation.
   54  
   55  A commercial fishing boat is expressly excluded from the term
   56  “live-aboard vessel.”
   57         Section 2. Subsection (1) of section 327.391, Florida
   58  Statutes, is amended to read:
   59         327.391 Airboats regulated.—
   60         (1) The exhaust of every internal combustion engine used on
   61  any airboat operated on the waters of this state shall be
   62  provided with an automotive-style factory muffler, underwater
   63  exhaust, or other manufactured device capable of adequately
   64  muffling the sound of the exhaust of the engine as described in
   65  s. 327.02(28) s. 327.02(27). The use of cutouts or flex pipe as
   66  the sole source of muffling is prohibited, except as provided in
   67  subsection (4). Any person who violates this subsection commits
   68  a noncriminal infraction punishable as provided in s. 327.73(1).
   69         Section 3. Paragraph (e) is added to subsection (2) of
   70  section 327.4107, Florida Statutes, to read:
   71         327.4107 Vessels at risk of becoming derelict on waters of
   72  this state.—
   73         (2) An officer of the commission or of a law enforcement
   74  agency specified in s. 327.70 may determine that a vessel is at
   75  risk of becoming derelict if any of the following conditions
   76  exist:
   77         (e) The owner or operator of a vessel receives notice from
   78  an officer that the vessel does not have an effective means of
   79  propulsion for safe navigation and 72 hours after notification
   80  by the officer, the vessel still does not have an effective
   81  means of propulsion for safe navigation.
   82         Section 4. Subsection (7) of section 327.4108, Florida
   83  Statutes, is amended to read:
   84         327.4108 Anchoring of vessels in anchoring limitation
   85  areas.—
   86         (7) This section expires upon the Legislature’s adoption of
   87  the commission’s recommendations for the regulation of mooring
   88  vessels outside of public mooring fields pursuant to s.
   89  327.4105.
   90         Section 5. Section 327.4109, Florida Statutes, is created
   91  to read:
   92         327.4109 Anchoring or mooring prohibited; exceptions;
   93  penalties.—
   94         (1) A vessel or floating structure may not anchor or moor:
   95         (a) Within 150 feet of any marina, boat ramp, or other
   96  vessel launching or loading facility; or
   97         (b) Within 300 feet of public mooring field boundaries.
   98         (2) Notwithstanding subsection (1), an owner or operator of
   99  a vessel may anchor or moor within 150 feet of any marina, boat
  100  ramp, or other vessel launching or loading facility or within
  101  300 feet of public mooring field boundaries:
  102         (a) If the vessel suffers a mechanical failure that poses
  103  an unreasonable risk of harm to the vessel or the persons
  104  onboard unless the vessel anchors or moors. The vessel may
  105  anchor or moor for 3 business days or until the vessel is
  106  repaired, whichever occurs first.
  107         (b) If imminent or existing weather in the vicinity of the
  108  vessel poses an unreasonable risk of harm to the vessel or the
  109  persons onboard unless the vessel anchors or moors. The vessel
  110  may anchor or moor until weather conditions no longer pose such
  111  risk. During a hurricane or tropical storm, weather conditions
  112  are deemed to no longer pose an unreasonable risk of harm when
  113  the hurricane or tropical storm warning affecting the area has
  114  expired.
  115         (3) Subsection (1) does not apply to:
  116         (a) Vessels owned or operated by a governmental entity.
  117         (b) Construction or dredging vessels on an active job site.
  118         (c) Vessels actively engaged in commercial fishing.
  119         (d) Vessels engaged in recreational fishing and the persons
  120  onboard are actively tending hook and line fishing gear or nets.
  121         (4) A vessel or floating structure may not anchor, moor,
  122  tie, or otherwise affix to an unpermitted, unauthorized, or
  123  otherwise unlawful object that is on or affixed to the bottom of
  124  waters of this state. This subsection does not apply to a
  125  private mooring lawfully owned on private submerged lands.
  126         (5) A violation of this section is:
  127         (a) For a first violation, a noncriminal infraction
  128  punishable as provided in s. 327.73; and
  129         (b) For a second or subsequent violation, a misdemeanor of
  130  the second degree punishable as provided in s. 775.082 or s.
  131  775.083.
  132         Section 6. Subsection (2) of section 327.60, Florida
  133  Statutes, is amended, and subsection (4) is added to that
  134  section, to read:
  135         327.60 Local regulations; limitations.—
  136         (2) Nothing in this chapter or chapter 328 shall be
  137  construed to prevent the adoption of any ordinance or local
  138  regulation relating to operation of vessels, except that a
  139  county or municipality shall not enact, continue in effect, or
  140  enforce any ordinance or local regulation:
  141         (a) Establishing a vessel or associated equipment
  142  performance or other safety standard, imposing a requirement for
  143  associated equipment, or regulating the carrying or use of
  144  marine safety articles;
  145         (b) Relating to the design, manufacture, or installation,
  146  or use of any marine sanitation device on any vessel, except as
  147  authorized in subsection (4);
  148         (c) Regulating any vessel upon the Florida Intracoastal
  149  Waterway;
  150         (d) Discriminating against personal watercraft;
  151         (e) Discriminating against airboats, for ordinances adopted
  152  after July 1, 2006, unless adopted by a two-thirds vote of the
  153  governing body enacting such ordinance;
  154         (f) Regulating the anchoring of vessels other than live
  155  aboard vessels outside the marked boundaries of mooring fields
  156  permitted as provided in s. 327.40, other than live-aboard
  157  vessels;
  158         (g) Regulating engine or exhaust noise, except as provided
  159  in s. 327.65; or
  160         (h) That conflicts with any provisions of this chapter or
  161  any amendments thereto or rules adopted thereunder.
  162         (4)(a) A local government may enact and enforce regulations
  163  requiring owners or operators of vessels or floating structures
  164  subject to the marine sanitation requirements of s. 327.53 to
  165  provide proof of properly disposed of sewage by means of an
  166  approved sewage pumpout service, pumpout facility, or waste
  167  reception facility within the following areas:
  168         1. Marked boundaries of a permitted mooring field under the
  169  jurisdiction of the local government; or
  170         2. Designated no discharge zones, as provided under 53 F.R.
  171  1678, January 21, 1988; 64 F.R. 46390, August 25, 1999; and 67
  172  F.R. 35735, May 21, 2002.
  173         (b) Before a local government may adopt an ordinance to
  174  enact and enforce such regulations, the local government must
  175  provide adequate pumpout services. Any ordinance adopted
  176  pursuant to this subsection may not take effect until the
  177  commission has reviewed the ordinance and determined the local
  178  government provides adequate pumpout services within its
  179  jurisdiction to protect public health and the marine
  180  environment.
  181         (c) This subsection may not be construed to prohibit a
  182  local government from enacting or enforcing such pumpout
  183  requirements for live-aboard vessels within any areas of its
  184  jurisdiction.
  185         Section 7. Paragraph (d) is added to subsection (3) of
  186  section 327.70, Florida Statutes, to read:
  187         327.70 Enforcement of this chapter and chapter 328.—
  188         (3)
  189         (d) A noncriminal violation of s. 327.4109 may be enforced
  190  by a uniform boating citation issued to the operator of a vessel
  191  unlawfully anchored, moored, tied, or otherwise affixed where
  192  such is prohibited.
  193         Section 8. Paragraph (g) of subsection (1) of section
  194  327.73, Florida Statutes, is amended, and paragraph (bb) of that
  195  subsection, is added to read:
  196         327.73 Noncriminal infractions.—
  197         (1) Violations of the following provisions of the vessel
  198  laws of this state are noncriminal infractions:
  199         (g) Section 328.72(13)(a) and (b), relating to operation
  200  with an expired registration.
  201         (bb) Section 327.4109, relating to anchoring and mooring in
  202  a prohibited area.
  203  
  204  Any person cited for a violation of any provision of this
  205  subsection shall be deemed to be charged with a noncriminal
  206  infraction, shall be cited for such an infraction, and shall be
  207  cited to appear before the county court. The civil penalty for
  208  any such infraction is $50, except as otherwise provided in this
  209  section. Any person who fails to appear or otherwise properly
  210  respond to a uniform boating citation shall, in addition to the
  211  charge relating to the violation of the boating laws of this
  212  state, be charged with the offense of failing to respond to such
  213  citation and, upon conviction, be guilty of a misdemeanor of the
  214  second degree, punishable as provided in s. 775.082 or s.
  215  775.083. A written warning to this effect shall be provided at
  216  the time such uniform boating citation is issued.
  217         Section 9. Subsection (13) of section 328.72, Florida
  218  Statutes, is amended to read:
  219         328.72 Classification; registration; fees and charges;
  220  surcharge; disposition of fees; fines; marine turtle stickers.—
  221         (13) EXPIRED REGISTRATION.—The operation, use, or storage
  222  on the waters of this state of a previously registered vessel is
  223  subject to the following penalty provisions:
  224         (a) The owner or operator of a vessel having a registration
  225  that has been expired for 6 months or less commits a noncriminal
  226  infraction, punishable as provided in s. 327.73;
  227         (b) The owner or operator of a vessel having a registration
  228  that has been expired for more than 6 months, upon a first
  229  offense, commits a noncriminal infraction punishable as provided
  230  in s. 327.73;
  231         (c) The owner or operator of a vessel having a registration
  232  that has been expired for more than 6 months, upon a second or
  233  subsequent offense, commits a misdemeanor of the second degree
  234  punishable as provided in s. 775.082 or s. 775.083. after the
  235  expiration of the registration period is a noncriminal
  236  violation, as defined in s. 327.73.
  237  
  238  This subsection does not apply to vessels lawfully stored at a
  239  dock or in a marina.
  240         Section 10. This act shall take effect July 1, 2017.