The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

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F.S. 327.65

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.

F.S. 327.65 on Google Scholar

F.S. 327.65 on Casetext

Amendments to 327.65

Arrestable Offenses / Crimes under Fla. Stat. 327.65

Level: Degree
Misdemeanor/Felony: First/Second/Third

S327.65 1 - CONSERVATION-ENVIRONMENT - DELETE INFRACTION - I: N

S327.65 2a2 - RESIST OFFICER - REFUSE SOUND LEVEL TEST MUFFLING DEVICE REGS - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

THE LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC. a v. L. NEIDLINGER, d b a s a, 182 So. 3d 738 (Fla. Dist. Ct. App. 2015)

. . . noted that such noise levels would exceed a noise level ordinance if Polk County were to adopt section 327.65 . . . The order of dismissal referenced the following statutes:- sections 327.60(2), 327.65, and 327.04, Florida . . .