Florida Senate - 2011                                     SB 512
       
       
       
       By Senator Negron
       
       
       
       
       28-00703-11                                            2011512__
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.33, F.S.;
    3         revising penalty provisions for violation of
    4         navigation rules; providing that such violations that
    5         do not constitute reckless operation of a vessel are
    6         noncriminal violations; amending s. 327.73, F.S.;
    7         providing for increased penalties for certain
    8         noncriminal violations; deleting a duplicate
    9         provision; amending s. 327.70, F.S.; conforming a
   10         cross-reference to changes made by the act; reenacting
   11         and amending s. 327.72, F.S., relating to penalties,
   12         to incorporate changes made by the act in references
   13         thereto; reenacting s. 327.731(1), F.S., relating to
   14         mandatory education for violators, to incorporate
   15         changes made by the act in references thereto;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 327.33, Florida
   21  Statutes, is amended to read:
   22         327.33 Reckless or careless operation of vessel.—
   23         (3) Each person operating a vessel upon the waters of this
   24  state shall comply with the navigation rules.
   25         (a) A person whose violation of the navigation rules
   26  results in a boating accident, but whose violation did not
   27  constitute reckless operation of a vessel, is guilty of a
   28  misdemeanor of the second degree, punishable as provided in s.
   29  775.082 or s. 775.083.
   30         (a)(b) A person who violates whose violation of the
   31  navigation rules and the violation does not result in a boating
   32  accident and does not constitute reckless operation of a vessel
   33  commits is guilty of a noncriminal violation as defined in s.
   34  775.08, punishable as provided in s. 327.73.
   35         (b)(c) Law enforcement vessels may deviate from the
   36  navigational rules when such diversion is necessary to the
   37  performance of their duties and when such deviation may be
   38  safely accomplished.
   39         Section 2. Subsections (1) and (5) of section 327.73,
   40  Florida Statutes, are amended to read:
   41         327.73 Noncriminal infractions.—
   42         (1) Violations of the following provisions of the vessel
   43  laws of this state are noncriminal infractions:
   44         (a) Section 328.46, relating to operation of unregistered
   45  and unnumbered vessels.
   46         (b) Section 328.48(4), relating to display of number and
   47  possession of registration certificate.
   48         (c) Section 328.48(5), relating to display of decal.
   49         (d) Section 328.52(2), relating to display of number.
   50         (e) Section 328.54, relating to spacing of digits and
   51  letters of identification number.
   52         (f) Section 328.60, relating to military personnel and
   53  registration of vessels.
   54         (g) Section 328.72(13), relating to operation with an
   55  expired registration.
   56         (h) Section 327.33(2), relating to careless operation.
   57         (i) Section 327.37, relating to water skiing, aquaplaning,
   58  parasailing, and similar activities.
   59         (j) Section 327.44, relating to interference with
   60  navigation.
   61         (k) Violations relating to boating-restricted areas and
   62  speed limits:
   63         1. Established by the commission or by local governmental
   64  authorities pursuant to s. 327.46.
   65         2. Speed limits established pursuant to s. 379.2431(2).
   66         (l) Section 327.48, relating to regattas and races.
   67         (m) Section 327.50(1) and (2), relating to required safety
   68  equipment, lights, and shapes.
   69         (n) Section 327.65, relating to muffling devices.
   70         (o) Section 327.33(3)(b), relating to navigation rules, for
   71  which the penalty is:
   72         1. For a first offense, up to a maximum of $500.
   73         2. For a second offense, up to a maximum of $750.
   74         3. For a third or subsequent offense, up to a maximum of
   75  $1,000.
   76         (p) Section 327.39(1), (2), (3), and (5), relating to
   77  personal watercraft.
   78         (q) Section 327.53(1), (2), and (3), relating to marine
   79  sanitation.
   80         (r) Section 327.53(4), (5), and (7), relating to marine
   81  sanitation, for which the civil penalty is $250.
   82         (s) Section 327.395, relating to boater safety education.
   83         (t) Section 327.52(3), relating to operation of overloaded
   84  or overpowered vessels.
   85         (u) Section 327.331, relating to divers-down flags, except
   86  for violations meeting the requirements of s. 327.33.
   87         (v) Section 327.391(1), relating to the requirement for an
   88  adequate muffler on an airboat.
   89         (w) Section 327.391(3), relating to the display of a flag
   90  on an airboat.
   91         (x) Section 253.04(3)(a), relating to carelessly causing
   92  seagrass scarring, for which the civil penalty upon conviction
   93  is:
   94         1. For a first offense, $50.
   95         2. For a second offense occurring within 12 months after a
   96  prior conviction, $250.
   97         3. For a third offense occurring within 36 months after a
   98  prior conviction, $500.
   99         4. For a fourth or subsequent offense occurring within 72
  100  months after a prior conviction, $1,000.
  101  
  102  Any person cited for a violation of any such provision shall be
  103  deemed to be charged with a noncriminal infraction, shall be
  104  cited for such an infraction, and shall be cited to appear
  105  before the county court. The civil penalty for any such
  106  infraction is $50, except as otherwise provided in this section.
  107  Any person who fails to appear or otherwise properly respond to
  108  a uniform boating citation shall, in addition to the charge
  109  relating to the violation of the boating laws of this state, be
  110  charged with the offense of failing to respond to such citation
  111  and, upon conviction, be guilty of a misdemeanor of the second
  112  degree, punishable as provided in s. 775.082 or s. 775.083. A
  113  written warning to this effect shall be provided at the time
  114  such uniform boating citation is issued.
  115  
  116  Any person cited for a violation of any such provision shall be
  117  deemed to be charged with a noncriminal infraction, shall be
  118  cited for such an infraction, and shall be cited to appear
  119  before the county court. The civil penalty for any such
  120  infraction is $50, except as otherwise provided in this section.
  121  Any person who fails to appear or otherwise properly respond to
  122  a uniform boating citation shall, in addition to the charge
  123  relating to the violation of the boating laws of this state, be
  124  charged with the offense of failing to respond to such citation
  125  and, upon conviction, be guilty of a misdemeanor of the second
  126  degree, punishable as provided in s. 775.082 or s. 775.083. A
  127  written warning to this effect shall be provided at the time
  128  such uniform boating citation is issued.
  129         (5) Any person electing to appear before the county court
  130  or who is required so to appear shall be deemed to have waived
  131  the limitations on the civil penalty specified in subsection
  132  (1). The court, after a hearing, shall make a determination as
  133  to whether an infraction has been committed. If the commission
  134  of an infraction has been proven, the court may impose a civil
  135  penalty not to exceed $500 or a higher amount specified in
  136  subsection (1).
  137         Section 3. Subsection (2) of section 327.70, Florida
  138  Statutes, is amended to read:
  139         327.70 Enforcement of this chapter and chapter 328.—
  140         (2)(a) Noncriminal violations of the following statutes may
  141  be enforced by a uniform boating citation mailed to the
  142  registered owner of an unattended vessel anchored, aground, or
  143  moored on the waters of this state:
  144         1. Section 327.33(3)(b), relating to navigation rules.
  145         2. Section 327.44, relating to interference with
  146  navigation.
  147         3. Section 327.50(2), relating to required lights and
  148  shapes.
  149         4. Section 327.53, relating to marine sanitation.
  150         5. Section 328.48(5), relating to display of decal.
  151         6. Section 328.52(2), relating to display of number.
  152         (b) Citations issued to livery vessels under this
  153  subsection shall be the responsibility of the lessee of the
  154  vessel if the livery has included a warning of this
  155  responsibility as a part of the rental agreement and has
  156  provided to the agency issuing the citation the name, address,
  157  and date of birth of the lessee when requested by that agency.
  158  The livery is not responsible for the payment of citations if
  159  the livery provides the required warning and lessee information.
  160         Section 4. For the purpose of incorporating the amendment
  161  made by this act to section 327.73, Florida Statutes, in a
  162  reference thereto, section 327.72, Florida Statutes, is
  163  reenacted and amended to read:
  164         327.72 Penalties.—Any person failing to comply with the
  165  provisions of this chapter or chapter 328 not specified in s.
  166  327.73 or not paying the civil penalty specified in s. 327.73
  167  said section within 30 days, except as otherwise provided in
  168  this chapter or chapter 328, commits a misdemeanor of the second
  169  degree, punishable as provided in s. 775.082 or s. 775.083.
  170         Section 5. For the purpose of incorporating the amendment
  171  made by this act to section 327.73, Florida Statutes, in a
  172  reference thereto, subsection (1) of section 327.731, Florida
  173  Statutes, is reenacted to read:
  174         327.731 Mandatory education for violators.—
  175         (1) Every person convicted of a criminal violation of this
  176  chapter, every person convicted of a noncriminal infraction
  177  under this chapter if the infraction resulted in a reportable
  178  boating accident, and every person convicted of two noncriminal
  179  infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
  180  and (s)-(x), said infractions occurring within a 12-month
  181  period, must:
  182         (a) Enroll in, attend, and successfully complete, at his or
  183  her own expense, a boating safety course that meets minimum
  184  standards established by the commission by rule; however, the
  185  commission may provide by rule pursuant to chapter 120 for
  186  waivers of the attendance requirement for violators residing in
  187  areas where classroom presentation of the course is not
  188  available;
  189         (b) File with the commission within 90 days proof of
  190  successful completion of the course;
  191         (c) Refrain from operating a vessel until he or she has
  192  filed the proof of successful completion of the course with the
  193  commission.
  194  
  195  Any person who has successfully completed an approved boating
  196  course shall be exempt from these provisions upon showing proof
  197  to the commission as specified in paragraph (b).
  198         Section 6. This act shall take effect October 1, 2011.