Florida boating legislation 'halftime' report - Update
Date Posted: February 17, 2016
Source: Waterway Guide Staff

anchorage-new.jpgNew UPDATES for Feb. 17:

  • The amended Senate Bill CS-1260which would ban overnight anchoring in several popular anchorages in Fort Lauderdale and Miami Beach passed narrowly today in a hearing of the Environmental Preservation and Conservation Committee, 5 to 4 (see vote record). The bill has now been referred to the Appropriations Subcommittee on Transportation, Tourism, and Economic Development for a hearing this coming Wednesday, Feb. 24, 2016, 1:30 pm, in 301 Senate Office Building in Tallahassee. The amended Senate bill closely matches the adopted amendment to the House version of the bill (HB-1051), but adding a "1.5 million county resident" minimum, which takes Crab Key in Destin off the list. Although this amendment allows for safe harbor and other exceptions, it would significantly restrict anchoring in Broward and Miami-Dade Counties.
  • The "At-Risk Vessels" Senate Bill 1300 passed unanimously the Fiscal Policy Committee today. This was the third and final committee needed to push the bill through for a full vote.
  • The "probable cause required before vessel stop" Senate Bill CS-1454 passed unanimously by the Appropriations Subcommittee on Criminal and Civil Justice today, Feb. 17, 2016, at a 10:00 am hearing in 37 Senate Office Building. The bill has now been referred to the Fiscal Policy Committee – its third and last committee – for a hearing this coming Wednesday, Feb. 24, 2016, 02/24/16, 10:00 am, 412 Knott Building at the State Capitol in Tallahassee..

(Posted Feb. 11, 2016) The 2016 Florida legislative "regular session” has already reached its halfway mark, with some boating- and cruising-related bills moving through the process, and others perhaps stalled out. Here is the latest update on each:

"Recreational Boating Zones” – House Bill CS-1051 and Senate Bill 1260 would ban overnight anchoring in several popular anchorages in Fort Lauderdale, Miami Beach, and Destin FL, with some exceptions (the reasons why these particular anchorages may have been targeted are explored in the article: New legislation would eliminate several popular Florida anchorages - UPDATE). On Jan. 26, 2016, an amended HB 1051 passed unanimously in a House Agriculture and Natural Resources Subcommittee hearing. It has now be referred to the State Affairs Committee, but a hearing has not yet been scheduled. SB 1260 has been placed on the agenda of Environmental Preservation and Conservation Committee for a hearing Feb. 17, 2016, 1:30 pm, 37 Senate Office Building. The current version of this bill does not contain the amendment language of House Bill CS-1051 which would allow for "safe harbor" and other exceptions; however, an amendment is likely to be added before the hearing...stay tuned. Representatives from boating and cruising organizations are against these bills as written, and are working with the legislature to either amend them or strike them down.

“At-Risk Vessels” – House Bill 7025 (and similar Senate Bill 1300) defines and regulates vessels "at risk" of becoming derelict, closely mirroring last session's HB 7123 which never made it through the legislature. (see article: Florida House introduces 'At-Risk Vessel Bill' for 2016 session). SB 1300 passed unanimously today (Feb. 11, 2016) in a hearing of the Appropriations Subcommittee on General Government. This is the second committee vote the bill favorably – one more to go before it's ready for a full vote. See video of the hearing. In January, its similar House Bill 7025 was passed unanimously by the Agriculture & Natural Resources Appropriations Subcommittee (see video of the hearing), and then passed in the Economic Affairs Committee. Boating and cruising organization representatives are in support of the bill.

"Vessels” – House Bill 703 (and simlar Senate Bill CS-1454) would allow state and county law enforcement to perform vessel stops and inspections only "if probable cause exists" (see article: Florida House bill would require 'probable cause' before vessel stops, inspections). The committee substitute of Senate Bill 1454 was passed unanimously by the Environmental Preservation and Conservation Committee yesterday (Feb. 10, 2016). Each bill was amended to require law enforcement to need "probable cause" only for stopping or inspecting vessels not displaying a current safety inspection decal. See video of the hearing. SB CS-1454 has now been referred to its second Senate committee – the Appropriations Subcommittee on Criminal and Civil Justice.

“Vessel Registrations” – House Bill 427 (Committee Substitute) (and comparable Senate Bill 746) would reduce recreational vessel registration fees for vessels equipped with an emergency position indicating radio beacon (EPIRB), or the owner of the vessel owns a personal locator beacon (PLB) (see article: New Florida law would encourage EPIRB/PLB use). HB 427 passed favorably in the Highway & Waterway Safety Subcommittee, and is now in the Transportation & Economic Development Appropriations Subcommittee. SB 746 has passed two committees.

“Boating Safety” – House Bill 863 would require the operator of any recreational vessel to be 16 or older, unless accompanied by a person 21 years or older who has a valid boating safety identification card. The bill makes no distinction of propulsion type or minimum power or length. Senate Bill 644 is similar, but only limits the operation of jet-skis and the like to 16 years or older (see article: Florida bill would create minimum age for operation of any recreational vessel). Both bills seem to have stalled out.

The session started Tuesday, January 12, 2016 and is scheduled to run through March 11, 2016. Each bill must pass favorably through three committees in its chamber before a full vote. If successful, the bill then goes to the Governor to be signed into law or vetoed. 

Some of this legislation could be quite positive for boaters and cruisers. For example, derelict vessels are not only eyesores but also present serious hazards to other boaters and the environment. On the other hand, anchoring bans such as the ones introduced in this year's legislation would restrict access and use of public waterways, and could also hamper a boater's ability to cruise safely. 

What can you do to affect legislation? A number of boaters, the Seven Seas Cruising Association (SSCA)BoatUS, and other organizations worked very hard – and at considerable expense – to represent cruisers in Tallahassee last year and in previous years. Steve Kauffmann, President of SSCA, urges cruisers to get involved:

Just like last year our volunteer Concerned Cruisers Committee (CCC) will be on the ground to monitor and work with legislators to represent membership and insure our concerns are heard. While our efforts are global, the next two weeks will be mostly about Florida.

This will be an active year and frankly we cannot do it alone. The time to act is now and here is what you can do: If you're not yet a member join SSCA http://ssca.org, contribute to SSCA legislative efforts at https://www.gofundme.com/Right2Anchor. Later we will need calls, letters, and people to attend hearings in Tallahassee during the session, share this with friends and others in the marine industry as any restrictions affect us all.

The America's Great Loop Cruisers' Association (AGLCA) also took an active role in opposing last year's bill which proposed a state-wide ban on overnight anchoring within a certain distance of residential property. It teamed up with the Marine Trawler Owners' Association (MTOA) and the SSCA to form a political action committee. The PAC helps fund activities to keep lawmakers aware of the need for access to the waterways for recreational boaters. AGLCA Director Kim Russo urges all cruisers to consider contributing to this PAC to give us a stronger voice on all issues that may affect the cruising lifestyle. Contributions may be sent to:

Boaters Heritage Freedom PAC
c/o PAC Financial Management
8489 Cabin Hill Road
Tallahassee, FL  32311

Please include your occupation when contributing to the PAC, as this information is required to be collected.

Stay tuned to WaterwayGuide.com Cruising News and the Cruiser's Weekly Update newsletter for updates and more information.

Comment Submitted by RBEmerson - January 21, 2016
H/S-1501 is Florida operating at the behest of selfish monied interests. There is no other way to honestly see this. Otherwise, it seems that good sense has come to boating legislation. I agree that work needs to be done about recognizing young sailors' needs.
Comment Submitted by Captain Ted - January 16, 2016
house bill 863- The state should not adopt an age restriction- 1)recreational boat definition may include all children's sailing opti. etc. 2) boat handling is a learned (experienced) skill and age deferment will not improve the skill 3) one cannot legislate elimination of stupidity- but put a horsepower restriction (25HP) if concerned. (speed kills) 4) promote age appropriate education for the boater- and that includes 8 year old language. Surprisingly, younger educated operators have a better retention and practice of water proper etiquette.
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