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2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.371 - Human-Powered Vessels Regulated.

327.371 Human-powered vessels regulated.—
(1) A person may operate a human-powered vessel within the boundaries of the marked channel of the Florida Intracoastal Waterway as defined in s. 327.02:
(a) When the marked channel is the only navigable portion of the waterway available due to vessel congestion or obstructions on the water. The operator of the human-powered vessel shall proceed with diligence to a location where he or she may safely operate the vessel outside the marked channel of the Florida Intracoastal Waterway.
(b) When crossing the marked channel, provided that the crossing is done in the most direct, continuous, and expeditious manner possible and does not interfere with other vessel traffic in the channel.
(c) When participating in practices or competitions for interscholastic, intercollegiate, intramural, or club rowing teams affiliated with an educational institution identified in s. 1000.21, s. 1002.01(3), s. 1003.01(17), s. 1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of the marked channel is not suitable for such practice or competition. The teams must use their best efforts to make use of the adjacent area outside of the marked channel. The commission must be notified in writing of the details of any such competition, and the notification must include, but need not be limited to, the date, time, and location of the competition.
(d) During an emergency endangering life or limb.
(2) A person may not operate a human-powered vessel in the marked channel of the Florida Intracoastal Waterway except as provided in subsection (1).
(3) A person who violates this section commits a noncriminal infraction, punishable as provided in s. 327.73.
History.—s. 9, ch. 2021-184; s. 5, ch. 2022-142; s. 67, ch. 2023-8; s. 3, ch. 2023-16.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.375 - Commercial Parasailing.

327.375 Commercial parasailing.—
(1) The operator of a vessel engaged in commercial parasailing shall ensure that the provisions of this section and s. 327.37 are met.
(2) The owner or operator of a vessel engaged in commercial parasailing may not offer or provide for consideration any parasailing activity unless the owner or operator first obtains and maintains in full force and effect a liability insurance policy from an insurance carrier licensed in this state or approved by the Office of Insurance Regulation or an eligible surplus lines insurer. Such policy must provide bodily injury liability coverage in the amounts of at least $1 million per occurrence and $2 million annual aggregate. Proof of insurance must be available for inspection at the location where commercial parasailing is offered or provided for consideration, and each customer who requests such proof shall be provided with the insurance carrier’s name and address and the insurance policy number.
(3) The operator of a vessel engaged in commercial parasailing must have a current and valid license issued by the United States Coast Guard authorizing the operator to carry passengers for hire. The license must be appropriate for the number of passengers carried and the displacement of the vessel. The license must be carried on the vessel and be available for inspection while engaging in commercial parasailing activities.
(4) A vessel engaged in commercial parasailing must be equipped with a functional VHF marine transceiver and a separate electronic device capable of providing access to National Weather Service forecasts and current weather conditions.
(5)(a) Commercial parasailing is prohibited if the current observed wind conditions in the area of operation include a sustained wind speed of more than 20 miles per hour; if wind gusts are 15 miles per hour higher than the sustained wind speed; if the wind speed during gusts exceeds 25 miles per hour; if rain or heavy fog results in reduced visibility of less than 0.5 mile; or if a known lightning storm comes within 7 miles of the parasailing area.
(b) The operator of the vessel engaged in commercial parasailing shall use all available means to determine prevailing and forecasted weather conditions and record this information in a weather log each time passengers are to be taken out on the water. The weather log must be available for inspection at all times at the operator’s place of business.
(6) A person or operator who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 2014-70.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.38 - Skiing Prohibited While Intoxicated or Under Influence of Drugs.

327.38 Skiing prohibited while intoxicated or under influence of drugs.—No person shall manipulate any water skis, aquaplane, or similar device from a vessel while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana, to the extent that the person’s normal faculties are impaired.
History.—s. 4, ch. 59-400; s. 8, ch. 63-105; s. 1, ch. 65-361; s. 462, ch. 95-148.
Note.—Former s. 371.53.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.391 - Airboats Regulated.

327.391 Airboats regulated.—
(1) The exhaust of every internal combustion engine used on any airboat operated on the waters of this state shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as described in s. 327.02(31). The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in subsection (4). A person who violates this subsection commits a noncriminal infraction, punishable as provided in s. 327.73(1).
(2) An airboat operator cited for an infraction of subsection (1) may not operate the airboat until a muffler as defined in s. 327.02 is installed.
(3) An airboat may not operate on the waters of the state unless it is equipped with a mast or flagpole bearing a flag at a height of at least 10 feet above the lowest portion of the vessel. The flag must be square or rectangular, at least 10 inches by 12 inches in size, international orange in color, and displayed so that the visibility of the flag is not obscured in any direction. Any person who violates this subsection commits a noncriminal infraction punishable as provided in s. 327.73(1).
(4) This section does not apply to a person participating in an event for which a permit is required, or of which notice must be given, under s. 327.48.
(5)(a) A person may not operate an airboat to carry one or more passengers for hire on waters of this state unless he or she has all of the following onboard the airboat:
1. A photographic identification card.
2. Proof of completion of a boater education course that complies with s. 327.395(2)(a). Except as provided in paragraph (b), no operator is exempt from this requirement, regardless of age or the exemptions provided under s. 327.395.
3. Proof of successful completion of a commission-approved airboat operator course that meets the minimum standards established by commission rule.
4. Proof of successful course completion in cardiopulmonary resuscitation and first aid.
(b) A person issued a captain’s license by the United States Coast Guard is not required to complete a boating safety education course that complies with s. 327.395(2)(a). Proof of the captain’s license must be onboard the airboat when carrying one or more passengers for hire on waters of this state.
(c) A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(d) The commission shall adopt rules to implement this subsection no later than October 1, 2018.
History.—s. 2, ch. 2006-172; s. 6, ch. 2014-70; s. 23, ch. 2015-2; s. 3, ch. 2017-163; s. 2, ch. 2018-137; s. 10, ch. 2021-184.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.40 - Uniform Waterway Markers.

327.40 Uniform waterway markers.—
(1) Waters of this state shall be marked only in conformity with the United States Aids to Navigation System, 33 C.F.R. part 62.
(2)(a) Application for marking inland lakes and state waters and any navigable waters under concurrent jurisdiction of the Coast Guard and the division shall be made to the division, accompanied by a map locating the approximate placement of markers, a list of the markers to be placed, a statement of the specification of the markers, a statement of the purpose of marking, and the names of persons responsible for the placement and upkeep of such markers. The division will assist the applicant to secure the proper permission from the Coast Guard where required, make such investigations as needed, and issue a permit. The division shall furnish the applicant with the information concerning the system adopted and the rules existing for placing and maintaining the markers. The division shall keep records of all approvals given and counsel with individuals, counties, municipalities, motorboat clubs, or other groups desiring to mark waterways for safety and navigation purposes in Florida.
(b)1. No person or municipality, county, or other governmental entity shall place any uniform waterway marker in, on, or over the waters or shores of the state without a permit from the division.
2. The placement of information markers by counties, municipalities, or other governmental entities on inland lakes and their associated canals are exempt from permitting under this section.
(c) The commission is authorized to adopt rules pursuant to chapter 120 to implement this section.
(3) The placement under this section or s. 327.41 of any uniform waterway marker on state submerged lands does not subject such lands to the lease requirements of chapter 253.
History.—s. 6, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 4, ch. 90-219; s. 14, ch. 2000-362; s. 1, ch. 2005-217; s. 10, ch. 2009-86.
Note.—Former s. 371.521.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.41 - Uniform Waterway Regulatory Markers.

327.41 Uniform waterway regulatory markers.—
(1) The commission shall adopt rules pursuant to chapter 120 establishing a uniform system of regulatory markers for the waters of the state, compatible with the system of regulatory markers prescribed by the United States Coast Guard in the United States Aids to Navigation System, 33 C.F.R. part 62.
(2) Any county or municipality which has been granted a boating-restricted area designation, by rule of the commission pursuant to s. 327.46(1)(a), for a portion of the Florida Intracoastal Waterway within its jurisdiction or which has adopted a boating-restricted area by ordinance pursuant to s. 327.46(1)(b) or (c) or s. 379.2431(2)(p), or any other governmental entity which has legally established a boating-restricted area, may apply to the commission for permission to place regulatory markers within the boating-restricted area.
(3) Application for placing regulatory markers in the waters of the state shall be made to the division as provided in s. 327.40.
(4) No person or municipality, county, or other governmental entity shall place any regulatory markers in, on, or over the waters of the state or the shores thereof without a permit from the division pursuant to s. 327.40.
(5) Aquaculture leaseholds shall be marked as required by this section, and the commission may approve alternative marking requirements as a condition of the lease pursuant to s. 253.68. The provisions of this section notwithstanding, no permit shall be required for the placement of markers required by such a lease.
(6) The commission is authorized to adopt rules pursuant to chapter 120 to implement this section.
History.—s. 2, ch. 72-55; s. 158, ch. 94-356; s. 9, ch. 96-247; s. 25, ch. 99-245; s. 15, ch. 2000-362; s. 18, ch. 2002-264; s. 195, ch. 2008-247; s. 11, ch. 2009-86; s. 3, ch. 2023-151.
Note.—Former s. 371.523.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.42 - Mooring to or Damaging of Uniform Waterway Markers Prohibited.

327.42 Mooring to or damaging of uniform waterway markers prohibited.—
(1) No person shall moor or fasten a vessel to a lawfully placed uniform waterway marker, except in case of emergency or with the written consent of the marker’s owner.
(2) No person shall willfully damage, alter, or move a lawfully placed uniform waterway marker.
History.—s. 1, ch. 72-20; s. 12, ch. 2009-86.
Note.—Former s. 371.524.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.43 - Silver Glen Run and Silver Glen Springs; Navigation Channel.

327.43 Silver Glen Run and Silver Glen Springs; navigation channel.—The Fish and Wildlife Conservation Commission is directed to mark a navigation channel within Silver Glen Run and Silver Glen Springs, located on the western shore of Lake George on the St. Johns River.
History.—ss. 1, 2, 3, 4, ch. 94-341; s. 26, ch. 99-245; s. 3, ch. 2003-143.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.44 - Interference With Navigation; Relocation or Removal; Recovery of Costs.

327.44 Interference with navigation; relocation or removal; recovery of costs.—
(1) As used in this section, the term:
(a) “Gross negligence” means conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the safety of the property exposed to such conduct.
(b) “Willful misconduct” means conduct evidencing carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the interests of the vessel owner.
(2) A person may not anchor, moor, or allow to be anchored or moored, except in case of emergency, or operate a vessel or carry on any prohibited activity in a manner which unreasonably or unnecessarily constitutes a navigational hazard or interference with another vessel. Anchoring or mooring under bridges or in or adjacent to heavily traveled channels constitutes interference if unreasonable under the prevailing circumstances.
(3) The commission, officers of the commission, and any law enforcement agency or officer specified in s. 327.70 are authorized and empowered to relocate, remove, or cause to be relocated or removed a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel. The commission, officers of the commission, or any other law enforcement agency or officer acting under this subsection to relocate, remove, or cause to be relocated or removed a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or willful misconduct.
(4) A contractor performing relocation or removal activities at the direction of the commission, officers of the commission, or a law enforcement agency or officer pursuant to this section must be licensed in accordance with applicable United States Coast Guard regulations where required; obtain and carry in full force and effect a policy from a licensed insurance carrier in this state to insure against any accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor’s actions; and be properly equipped to perform the services to be provided.
(5) All costs, including costs owed to a third party, incurred by the commission or other law enforcement agency in the relocation or removal of a vessel that unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel are recoverable against the vessel owner. The Department of Legal Affairs shall represent the commission in actions to recover such costs.
History.—s. 4, ch. 63-105; s. 1, ch. 65-361; s. 2, ch. 72-16; s. 1, ch. 2014-143; s. 7, ch. 2017-163.
Note.—Former s. 371.503.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.45 - Protection Zones for Springs.

327.45 Protection zones for springs.—
(1) As used in this section, the term “navigable waters of the United States” means the waters of the United States, including the territorial seas, as referenced in the Clean Water Act, 33 U.S.C. ss. 1251 et seq., and the federal rules and regulations promulgated thereunder.
(2) The commission may establish by rule protection zones that restrict the speed and operation of vessels, or that prohibit the anchoring, mooring, beaching, or grounding of vessels, to protect and prevent harm to first, second, and third magnitude springs and springs groups, including their associated spring runs, as determined by the commission using the most recent Florida Geological Survey springs bulletin. This harm includes negative impacts to water quality, water quantity, hydrology, wetlands, and aquatic and wetland-dependent species.
(3) When developing a protection zone, the commission shall do so in consultation and coordination with the water management district, the Department of Environmental Protection, and the governing bodies of the county and municipality, if applicable, in which the zone is located. If the zone includes navigable waters of the United States, the commission shall additionally coordinate with the United States Coast Guard and the United States Army Corps of Engineers.
(4) Any individual who operates a vessel in violation of a spring protection zone rule adopted pursuant to this section shall be charged on a uniform boating citation as provided in s. 327.74 and is subject to the penalties provided in s. 327.73(1)(y).
(5) Restrictions in a protection zone do not apply:
(a) To law enforcement, firefighting, or rescue personnel operating a vessel in the course of performing their official duties; or
(b) In emergency situations. However, the emergency operation of a vessel must be a reasonable response given the circumstances.
(6) The commission is responsible for the posting and maintenance of regulatory markers identifying protection zones.
(7) The commission may adopt rules to implement this section.
History.—s. 1, ch. 2016-233; s. 15, ch. 2021-184.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.463 - Special Hazards.

327.463 Special hazards.—
(1) For purposes of this section, a vessel:
(a) Is operating at slow speed, minimum wake only if it is:
1. Fully off plane and completely settled into the water; and
2. Proceeding without wake or with minimum wake.
A vessel that is required to operate at slow speed, minimum wake may not proceed at a speed greater than a speed that is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances.
(b) Is not proceeding at slow speed, minimum wake if it is:
1. Operating on plane;
2. In the process of coming off plane and settling into the water or getting on plane; or
3. Operating at a speed that creates a wake that unreasonably or unnecessarily endangers other vessels.
(2) A person may not operate a vessel faster than slow speed, minimum wake within 300 feet of any emergency vessel, including, but not limited to, a law enforcement vessel, United States Coast Guard vessel, or firefighting vessel, when such emergency vessel’s emergency lights are activated.
(3)(a) A person may not operate a vessel faster than slow speed, minimum wake within 300 feet of any construction vessel or barge when the vessel or barge is displaying an orange flag from a pole extending:
1. At least 10 feet above the tallest portion of the vessel or barge, indicating that the vessel or barge is actively engaged in construction operations; or
2. At least 5 feet above any superstructure permanently installed upon the vessel or barge, indicating that the vessel or barge is actively engaged in construction operations.
(b) A flag displayed on a construction vessel or barge pursuant to this subsection must:
1. Be at least 2 feet by 3 feet in size.
2. Have a wire or other stiffener or be otherwise constructed to ensure that the flag remains fully unfurled and extended in the absence of a wind or breeze.
3. Be displayed so that the visibility of the flag is not obscured in any direction.
(c) In periods of low visibility, including any time between 30 minutes after sunset and 30 minutes before sunrise, a person may not be cited for a violation of this subsection unless the orange flag is illuminated and visible from a distance of at least 2 nautical miles. Such illumination does not relieve the construction vessel or barge from complying with all navigation rules.
(4)(a) A person operating a vessel in violation of this section commits a noncriminal infraction, punishable as provided in s. 327.73.
(b) The owner of, or party who is responsible for, a construction vessel or barge who displays an orange flag on the vessel or barge when it is not actively engaged in construction operations commits a noncriminal infraction, punishable as provided in s. 327.73.
(5) The speed and penalty provisions of this section do not apply to a law enforcement, firefighting, or rescue vessel that is owned or operated by a governmental entity.
History.—s. 17, ch. 2021-184.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.47 - Competitive Grant Programs.

327.47 Competitive grant programs.—The commission shall develop and administer competitive grant programs funded with moneys transferred pursuant to s. 206.606(1)(d). Grants may be awarded for the construction and maintenance of publicly owned boat ramps, piers, and docks; boater education; deployment of manatee technical avoidance technology; and economic development initiatives that promote boating in the state. The commission may adopt rules pursuant to chapter 120 to implement this section.
History.—s. 5, ch. 2003-156.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.48 - Regattas, Races, Marine Parades, Tournaments, or Exhibitions.

327.48 Regattas, races, marine parades, tournaments, or exhibitions.—Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States. A person directing any such affair in any county shall notify the sheriff of the county or the Fish and Wildlife Conservation Commission at least 15 days prior to any event in order that appropriate arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water.
History.—s. 6, ch. 59-400; s. 10, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 6, ch. 74-327; s. 29, ch. 99-245.
Note.—Former s. 371.55.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.49 - Testing Vessels and Vessel Motors.

327.49 Testing vessels and vessel motors.—Subject to reasonable rules adopted by the commission, manufacturers of vessels and vessel motors that operate vessel and vessel motor test facilities may be authorized to test such vessels, vessel motors, or combinations thereof, on the waters of the state to ensure that they meet generally accepted boating safety standards.
History.—s. 17, ch. 2000-362.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.50 - Vessel Safety Regulations; Equipment and Lighting Requirements.

327.50 Vessel safety regulations; equipment and lighting requirements.—
(1)(a) The owner and operator of every vessel on the waters of this state shall carry, store, maintain, and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code of Federal Regulations, unless expressly exempted by the commission.
(b) A person may not operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a personal flotation device currently approved by the United States Coast Guard and used in accordance with the United States Coast Guard approval label while such vessel is underway. For the purpose of this section, “underway” means at all times except when a vessel is anchored, moored, made fast to the shore, or aground.
(2) No person shall operate a vessel on the waters of this state unless said vessel is equipped with properly serviceable lights and shapes required by the navigation rules.
(3) The use of sirens or flashing, occulting, or revolving lights on any vessel is prohibited, except as expressly provided in the navigation rules or annexes thereto.
(4) The operator of a vessel used in the instruction of a water sport or activity must use an engine cutoff switch and wear an operative link to the switch when a person participating in the water sport or activity is in the water.
History.—s. 8, ch. 59-400; s. 13, ch. 63-105; s. 1, ch. 65-361; s. 7, ch. 74-327; s. 8, ch. 81-100; s. 2, ch. 81-114; s. 9, ch. 84-188; s. 2, ch. 86-35; s. 5, ch. 88-133; s. 2, ch. 92-188; s. 463, ch. 95-148; s. 7, ch. 98-308; s. 3, ch. 2015-161; s. 18, ch. 2021-184; s. 4, ch. 2022-197.
Note.—Former s. 371.57.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.52 - Maximum Loading and Horsepower.

327.52 Maximum loading and horsepower.—
(1) Except for sailboats, canoes, kayaks, and inflatable boats, this section applies to all monohull motorboats less than 20 feet in length that are: manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of six or fewer passengers for hire.
(2) No person shall sell or offer for sale any vessel described in subsection (1) unless said vessel displays the maximum capacity information as prescribed in 33 C.F.R. part 183. This shall not apply to resales, but it is the intent of this section to require dealers and manufacturers to furnish this information upon the original sale.
(3) No person shall operate any vessel described in subsection (1) when said vessel exceeds the maximum weight capacity, maximum persons capacity, or maximum horsepower capacity. If no maximum capacity information is displayed, the capacities shall be calculated as provided in 33 C.F.R. part 183, subparts C and D. This subsection shall not preclude the finding of reckless operation under s. 327.33(1) when a vessel is operated in a grossly overloaded or overpowered condition.
History.—s. 11, ch. 59-400; s. 17, ch. 63-105; s. 1, ch. 65-361; s. 2, ch. 97-16.
Note.—Former s. 371.60.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.521 - No-Discharge Zones.

327.521 No-discharge zones.—
(1) Effective immediately upon approval by the United States Environmental Protection Agency of a no-discharge zone determination for the waters of the United States within the boundaries of aquatic preserves identified in s. 258.39, all waters of this state within such areas are designated no-discharge zones within which a person may not discharge sewage of any type, whether treated or untreated, from any vessel or floating structure.
(2) A person who violates this section commits a noncriminal infraction, punishable by a civil penalty of up to $250. If any discharge prohibited by this section is ongoing or continuous, the person may be assessed a penalty of up to $250 for each day the violation continues.
(3)(a) The owner or operator of a vessel or floating structure convicted a second time for violating this section shall, within 30 days after the conviction, remove the vessel or floating structure from the waters of this state. For purposes of this paragraph, the term “conviction” means a disposition other than acquittal or dismissal.
(b) If the vessel or floating structure remains on the waters of this state in violation of this subsection, law enforcement officers charged with the enforcement of this chapter under s. 327.70 shall apply to the appropriate court in the county in which the vessel or floating structure is located to order or otherwise cause the removal of such vessel or floating structure from the waters of this state at the owner’s expense.
(c) If the owner cannot be found or otherwise fails to pay the removal costs, s. 328.17 shall apply. If the proceeds under s. 328.17 are not sufficient to pay all removal costs, funds appropriated from the Marine Resources Conservation Trust Fund pursuant to s. 327.53(6)(b) or s. 328.72(15)(c) may be used.
(4) The commission shall maintain a list of marine sewage pumpout facilities throughout this state, make the list available on its website, and provide the list with information about the Department of Environmental Protection’s Clean Marina Program to all counties for distribution to public and private marinas.
History.—s. 19, ch. 2021-184.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.56 - Safety and Marine Sanitation Equipment Inspections; Qualified.

327.56 Safety and marine sanitation equipment inspections; qualified.—
(1) No officer shall board any vessel to make a safety or marine sanitation equipment inspection if the owner or operator is not aboard. When the owner or operator is aboard, an officer may board a vessel with consent or when the officer has probable cause or knowledge to believe that a violation of a provision of this chapter has occurred or is occurring. An officer may board a vessel when the operator refuses or is unable to display the safety or marine sanitation equipment required by law, if requested to do so by a law enforcement officer, or when the safety or marine sanitation equipment to be inspected is permanently installed and is not visible for inspection unless the officer boards the vessel.
(2) Inspection of floating structures for compliance with this section shall be as provided in s. 403.091.
History.—s. 9, ch. 59-400; s. 14, ch. 63-105; s. 1, ch. 65-361; s. 11, ch. 84-188; s. 6, ch. 94-241; s. 954, ch. 95-148.
Note.—Former s. 371.58.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.58 - Jurisdiction.

327.58 Jurisdiction.—The safety regulations included under this chapter shall apply to all vessels, except as specifically excluded, operating upon the waters of this state.
History.—s. 1, ch. 65-361; s. 27, ch. 79-334; s. 10, ch. 81-100; s. 79, ch. 82-226.
Note.—Former s. 371.66.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.65 - Muffling Devices.

327.65 Muffling devices.—
(1) The exhaust of every internal combustion engine used on any vessel operated on the waters of this state shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race, and for such vessels while on trial runs.
(2)(a) Any county wishing to impose additional noise pollution and exhaust regulations on vessels may, pursuant to s. 327.60(2), adopt by county ordinance the following regulations:
1. No person shall operate or give permission for the operation of any vessel on the waters of any county or on a specified portion of the waters of any county, including the Florida Intracoastal Waterway, which has adopted the provisions of this section in such a manner as to exceed the following sound levels at a distance of 50 feet from the vessel: for all vessels, a maximum sound level of 90 dB A.
2. Any person who refuses to submit to a sound level test when requested to do so by a law enforcement officer is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) The following words and phrases, when used in this section, shall have the meanings respectively assigned to them in this subsection.
1. “dB A” means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.
2. “Sound level” means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only a weighting and fast dynamic response need be provided.
History.—s. 7, ch. 59-400; s. 11, ch. 63-105; s. 1, ch. 65-361; s. 5, ch. 86-35; s. 47, ch. 91-224; s. 15, ch. 2009-86.
Note.—Former s. 371.56.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.71 - Exemption.

327.71 Exemption.—The commission may, if it finds that federal law imposes less restrictive requirements than provided herein or if it determines that boating safety will not be adversely affected, issue temporary exemptions from any provision of this chapter or rules established hereunder, on such terms and conditions as it considers appropriate.
History.—s. 11, ch. 81-100; s. 31, ch. 99-245.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.72 - Penalties.

327.72 Penalties.—Any person failing to comply with the provisions of this chapter or chapter 328 not specified in s. 327.73 or not paying the civil penalty specified in s. 327.73 within 30 days, except as otherwise provided in this chapter or chapter 328, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 65-361; s. 304, ch. 71-136; s. 1, ch. 78-181; s. 3, ch. 80-266; s. 13, ch. 84-188; s. 4, ch. 86-35; s. 48, ch. 91-224; s. 3, ch. 99-162; s. 21, ch. 2000-362; s. 5, ch. 2011-152.
Note.—Former s. 371.68.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.731 - Mandatory Education for Violators.

327.731 Mandatory education for violators.—
(1) A person convicted of a criminal violation under this chapter, convicted of a noncriminal infraction under this chapter if the infraction resulted in a reportable boating accident, or convicted of two noncriminal infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y), the infractions occurring within a 12-month period, must:
(a) Enroll in, attend, and successfully complete, at his or her own expense, a classroom or online boating safety course that is approved by and meets the minimum standards established by commission rule;
(b) File with the commission within 90 days proof of successful completion of the course;
(c) Refrain from operating a vessel until he or she has filed proof of successful completion of the course with the commission; and
(d) Pay a fine of $500. The clerk of the court shall remit all fines assessed and collected under this paragraph to the Department of Revenue to be deposited into the Marine Resources Conservation Trust Fund to support law enforcement activities.
(2) For the purposes of this section, “conviction” means a finding of guilt, or the acceptance of a plea of guilty or nolo contendere, regardless of whether or not adjudication was withheld or whether imposition of sentence was withheld, deferred, or suspended. Any person who operates a vessel on the waters of this state in violation of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) The commission shall print on the reverse side of the defendant’s copy of the boating citation a notice of the provisions of this section. Upon conviction, the clerk of the court shall notify the defendant that it is unlawful for him or her to operate any vessel until he or she has complied with this section, but failure of the clerk of the court to provide such a notice shall not be a defense to a charge of unlawful operation of a vessel under subsection (2).
(4) The commission shall maintain a program to ensure compliance with the mandatory boating safety education requirements under this section. This program must:
(a) Track any citations resulting in a conviction under this section and the disposition of such citations.
(b) Send specific notices to each person subject to the requirement for mandatory boating safety education.
History.—s. 7, ch. 88-133; s. 49, ch. 91-224; s. 465, ch. 95-148; s. 4, ch. 96-187; s. 9, ch. 98-308; s. 4, ch. 99-162; s. 32, ch. 99-245; s. 24, ch. 2000-362; s. 5, ch. 2004-74; s. 5, ch. 2006-172; s. 19, ch. 2009-86; s. 6, ch. 2011-152; s. 3, ch. 2014-136; s. 3, ch. 2016-233; s. 7, ch. 2022-197.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.803 - Boating Advisory Council.

327.803 Boating Advisory Council.—
(1) The Boating Advisory Council is created within the Fish and Wildlife Conservation Commission and shall be composed of 18 members. The members include:
(a) One representative from the Fish and Wildlife Conservation Commission, who shall serve as the chair of the council.
(b) One representative each from the Department of Environmental Protection, the United States Coast Guard Auxiliary, the United States Power Squadron, and the inland navigation districts.
(c) One representative of manatee protection interests, one representative of the marine industries, one representative of water-related environmental groups, one representative of canoe or kayak enthusiasts, one representative of marine manufacturers, one representative of commercial vessel owners or operators, one representative of marine special events, one representative actively involved and working full-time in the scuba diving industry who has experience in recreational boating, one representative of either the commercial fishing industry or the commercial shellfishing industry, and two representatives of the boating public, each of whom shall be nominated by the executive director of the Fish and Wildlife Conservation Commission and appointed by the Governor to serve staggered 3-year terms. Members appointed by the Governor may serve no more than two full consecutive terms.
(d) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives.
(e) One member of the Senate, who shall be appointed by the President of the Senate.
(2) The council shall meet at the call of the chair, at the request of a majority of its membership, or at such times as may be prescribed by rule.
(3) The purpose of the council is to make recommendations to the Fish and Wildlife Conservation Commission and the Department of Economic Opportunity regarding issues affecting the boating community, including, but not limited to, issues related to:
(a) Boating and diving safety education.
(b) Boating-related facilities, including marinas and boat testing facilities.
(c) Boat usage.
(d) Boat access.
(e) Working waterfronts.
(4) Members of the council shall serve without compensation but are entitled to reimbursement of expenses as provided in s. 112.061.
(5) A vacancy on the council shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members whose terms have expired may continue to serve until replaced or reappointed.
(6) Members of the council may be removed for cause.
History.—s. 13, ch. 94-241; s. 34, ch. 99-245; s. 25, ch. 2000-362; s. 1, ch. 2005-158; s. 229, ch. 2011-142.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 327 - Vessel Safety › 327.804 - Compilation of Statistics on Boating Accidents and Violations.

327.804 Compilation of statistics on boating accidents and violations.—The Fish and Wildlife Conservation Commission shall compile statistics on boating accidents and boating violations of the age groups of persons affected by chapter 96-187, Laws of Florida.
History.—s. 5, ch. 96-187; s. 35, ch. 99-245.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.001 - Short title.

328.001 Short title.—This part may be cited as the “Uniform Certificate of Title for Vessels Act.”
History.—s. 1, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.015 - Duties and operation of the department.

328.015 Duties and operation of the department.—
(1) The department shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title.
(2) The department shall retain in its files all information regarding a security interest in a vessel for at least 10 years after the department receives a termination statement regarding the security interest. The information must be accessible by the hull identification number for the vessel and any other methods provided by the department.
(3) If a person submits a record to the department, or submits information that is accepted by the department, and requests an acknowledgment of the filing or submission, the department shall send to the person an acknowledgment showing the hull identification number of the vessel to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission was accepted. A request under this section must contain the hull identification number and be delivered by means authorized by the department.
(4) The department shall send or otherwise make available in a record the following information to any person who requests it and pays the applicable fee:
(a) Whether the files of the department indicate, as of a date and time specified by the department, but not a date earlier than 3 days before the department received the request, any certificate of title, security interest, termination statement, or title brand that relates to a vessel:
1. Identified by a hull identification number designated in the request;
2. Identified by a vessel number designated in the request; or
3. Owned by a person designated in the request;
(b) With respect to the vessel:
1. The name and address of any owner as indicated in the files of the department or on the certificate of title;
2. The name and address of any secured party as indicated in the files of the department or on the certificate, and the effective date of the information; and
3. A copy of any termination statement indicated in the files of the department and the effective date of the termination statement; and
(c) With respect to the vessel, a copy of any certificate of origin, secured party transfer statement, transfer-by-law statement under s. 328.24, and other evidence of previous or current transfers of ownership.
(5) In responding to a request under this section, the department may provide the requested information in any medium. On request, the department shall send the requested information in a record that is self-authenticating.
History.—s. 4, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.02 - Law governing vessel covered by certificate of title.

328.02 Law governing vessel covered by certificate of title.—
(1) The law of the state under which a vessel’s certificate of title is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exists between the state and the vessel or its owner.
(2) A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to the department in accordance with this part or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.
History.—s. 5, ch. 2019-76.
2023 Florida Statutes › Title XXIV - Vessels › Chapter 328 - Vessels: Title Certificates; Liens; Registration › Part I - Uniform Certificate of Title for Vessels Act (Ss. 328.001-328.38) › 328.04 - Content of certificate of title.

328.04 Content of certificate of title.—
(1) A certificate of title must contain:
(a) The date the certificate was created;
(b) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the department;
(c) The mailing address of the owner of record;
(d) The hull identification number;
(e) The information listed in s. 328.01(2)(e);
(f) Except as otherwise provided in s. 328.12(2), the name and mailing address of the secured party of record, if any, and if not all secured parties are listed, an indication that there are other security interests indicated in the files of the department; and
(g) All title brands indicated in the files of the department covering the vessel, including brands indicated on a certificate created by a governmental agency of another jurisdiction and delivered to the department.
(2) This part does not preclude the department from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.
(3) For each title brand indicated on a certificate of title, the certificate must identify the jurisdiction under whose law the title brand was created or the jurisdiction that created the certificate on which the title brand was indicated. If the meaning of a title brand is not easily ascertainable or cannot be accommodated on the certificate, the certificate may state: “Previously branded in   (insert the jurisdiction under whose law the title brand was created or whose certificate of title previously indicated the title brand)  .”
(4) If the files of the department indicate that a vessel was previously registered or titled in a foreign country, the department shall indicate on the certificate of title that the vessel was registered or titled in that country.
(5) A written certificate of title must contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form must include a certification, signed under penalty of perjury, that the statements made are true and correct to the best of each owner’s knowledge, information, and belief.
(6) A written certificate of title must contain a form for the owner of record to indicate, in connection with a transfer of an ownership interest, that the vessel is hull damaged.
History.—s. 7, ch. 2019-76.