ENROLLED
       2011 Legislature                            CS for CS for SB 512
       
       
       
       
       
       
                                                              2011512er
    1  
    2         An act relating to vessels; amending s. 327.33, F.S.;
    3         revising penalty provisions for the violation of
    4         navigation rules; providing that a violation resulting
    5         in serious bodily injury or death is a second-degree
    6         misdemeanor; providing that a violation that does not
    7         constitute reckless operation of a vessel is a
    8         noncriminal violation; amending s. 327.395, F.S.;
    9         providing an additional exemption from the requirement
   10         that certain persons possess a boating safety
   11         identification card while operating a motor vessel of
   12         a specified horsepower; amending s. 327.54, F.S.;
   13         prohibiting a livery from leasing, hiring, or renting
   14         a motor vessel of certain horsepower to a person
   15         unless the person presents photographic identification
   16         and a valid boater safety identification card or
   17         provides proof that the person has successfully
   18         completed the boater education course; amending s.
   19         327.73, F.S.; providing for increased penalties for
   20         certain noncriminal violations of navigation rules;
   21         deleting a duplicate provision; reenacting and
   22         amending s. 327.72, F.S., relating to penalties, to
   23         incorporate the amendment made to s. 327.73, in a
   24         reference thereto; correcting a cross-reference;
   25         reenacting s. 327.731(1), F.S., relating to mandatory
   26         education for violators, to incorporate the amendment
   27         made to s. 327.73, F.S., in a reference thereto;
   28         providing an effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (3) of section 327.33, Florida
   33  Statutes, is amended to read:
   34         327.33 Reckless or careless operation of vessel.—
   35         (3) Each person operating a vessel upon the waters of this
   36  state shall comply with the navigation rules.
   37         (a) A person who violates whose violation of the navigation
   38  rules and the violation results in a boating accident causing
   39  serious bodily injury as defined in s. 327.353 or death, but the
   40  whose violation does did not constitute reckless operation of a
   41  vessel, commits is guilty of a misdemeanor of the second degree,
   42  punishable as provided in s. 775.082 or s. 775.083.
   43         (b) A person who violates whose violation of the navigation
   44  rules and the violation does not result in a boating accident
   45  and does not constitute reckless operation of a vessel commits
   46  is guilty of a noncriminal violation as defined in s. 775.08,
   47  punishable as provided in s. 327.73.
   48         (c) Law enforcement vessels may deviate from the
   49  navigational rules when such diversion is necessary to the
   50  performance of their duties and when such deviation may be
   51  safely accomplished.
   52         Section 2. Subsection (6) of section 327.395, Florida
   53  Statutes, is amended to read:
   54         327.395 Boating safety identification cards.—
   55         (6) A person is exempt from subsection (1) if he or she:
   56         (a) Is licensed by the United States Coast Guard to serve
   57  as master of a vessel.
   58         (b) Operates a vessel only on a private lake or pond.
   59         (c) Is accompanied in the vessel by a person who is exempt
   60  from this section or who holds an identification card in
   61  compliance with this section, is 18 years of age or older, and
   62  is attendant to the operation of the vessel and responsible for
   63  the safe operation of the vessel and for any violation that
   64  occurs during the operation of the vessel.
   65         (d) Is a nonresident who has in his or her possession proof
   66  that he or she has completed a boater education course or
   67  equivalency examination in another state which meets or exceeds
   68  the requirements of subsection (1).
   69         (e) Is operating a vessel within 90 days after the purchase
   70  of that vessel and has available for inspection aboard that
   71  vessel a bill of sale meeting the requirements of s. 328.46(1).
   72         (f) Is operating a vessel within 90 days after completing
   73  the requirements of paragraph (1)(a) or paragraph (1)(b) and has
   74  a photographic identification card and a boater education
   75  certificate available for inspection as proof of having
   76  completed a boater education course. The boater education
   77  certificate must provide, at a minimum, the student’s first and
   78  last name, the student’s date of birth, and the date that he or
   79  she passed the course examination.
   80         (g)(f) Is exempted by rule of the commission.
   81         Section 3. Subsection (2) of section 327.54, Florida
   82  Statutes, is amended to read:
   83         327.54 Liveries; safety regulations; penalty.—
   84         (2) A livery may not knowingly lease, hire, or rent any
   85  vessel powered by a motor of 10 horsepower or greater to any
   86  person who is required to comply with s. 327.395, unless such
   87  person presents to the livery photographic identification and a
   88  valid boater safety identification card as required under s.
   89  327.395(1), or meets the exemption provided under s.
   90  327.395(6)(f) to the livery.
   91         Section 4. Subsections (1) and (5) of section 327.73,
   92  Florida Statutes, are amended to read:
   93         327.73 Noncriminal infractions.—
   94         (1) Violations of the following provisions of the vessel
   95  laws of this state are noncriminal infractions:
   96         (a) Section 328.46, relating to operation of unregistered
   97  and unnumbered vessels.
   98         (b) Section 328.48(4), relating to display of number and
   99  possession of registration certificate.
  100         (c) Section 328.48(5), relating to display of decal.
  101         (d) Section 328.52(2), relating to display of number.
  102         (e) Section 328.54, relating to spacing of digits and
  103  letters of identification number.
  104         (f) Section 328.60, relating to military personnel and
  105  registration of vessels.
  106         (g) Section 328.72(13), relating to operation with an
  107  expired registration.
  108         (h) Section 327.33(2), relating to careless operation.
  109         (i) Section 327.37, relating to water skiing, aquaplaning,
  110  parasailing, and similar activities.
  111         (j) Section 327.44, relating to interference with
  112  navigation.
  113         (k) Violations relating to boating-restricted areas and
  114  speed limits:
  115         1. Established by the commission or by local governmental
  116  authorities pursuant to s. 327.46.
  117         2. Speed limits established pursuant to s. 379.2431(2).
  118         (l) Section 327.48, relating to regattas and races.
  119         (m) Section 327.50(1) and (2), relating to required safety
  120  equipment, lights, and shapes.
  121         (n) Section 327.65, relating to muffling devices.
  122         (o) Section 327.33(3)(b), relating to a violation of
  123  navigation rules:.
  124         1. That does not result in an accident; or
  125         2. That results in an accident not causing serious bodily
  126  injury or death, for which the penalty is:
  127         a. For a first offense, up to a maximum of $250.
  128         b. For a second offense, up to a maximum of $750.
  129         c. For a third or subsequent offense, up to a maximum of
  130  $1,000.
  131         (p) Section 327.39(1), (2), (3), and (5), relating to
  132  personal watercraft.
  133         (q) Section 327.53(1), (2), and (3), relating to marine
  134  sanitation.
  135         (r) Section 327.53(4), (5), and (7), relating to marine
  136  sanitation, for which the civil penalty is $250.
  137         (s) Section 327.395, relating to boater safety education.
  138         (t) Section 327.52(3), relating to operation of overloaded
  139  or overpowered vessels.
  140         (u) Section 327.331, relating to divers-down flags, except
  141  for violations meeting the requirements of s. 327.33.
  142         (v) Section 327.391(1), relating to the requirement for an
  143  adequate muffler on an airboat.
  144         (w) Section 327.391(3), relating to the display of a flag
  145  on an airboat.
  146         (x) Section 253.04(3)(a), relating to carelessly causing
  147  seagrass scarring, for which the civil penalty upon conviction
  148  is:
  149         1. For a first offense, $50.
  150         2. For a second offense occurring within 12 months after a
  151  prior conviction, $250.
  152         3. For a third offense occurring within 36 months after a
  153  prior conviction, $500.
  154         4. For a fourth or subsequent offense occurring within 72
  155  months after a prior conviction, $1,000.
  156  
  157  Any person cited for a violation of any such provision of this
  158  subsection shall be deemed to be charged with a noncriminal
  159  infraction, shall be cited for such an infraction, and shall be
  160  cited to appear before the county court. The civil penalty for
  161  any such infraction is $50, except as otherwise provided in this
  162  section. Any person who fails to appear or otherwise properly
  163  respond to a uniform boating citation shall, in addition to the
  164  charge relating to the violation of the boating laws of this
  165  state, be charged with the offense of failing to respond to such
  166  citation and, upon conviction, be guilty of a misdemeanor of the
  167  second degree, punishable as provided in s. 775.082 or s.
  168  775.083. A written warning to this effect shall be provided at
  169  the time such uniform boating citation is issued.
  170  
  171  Any person cited for a violation of any such provision shall be
  172  deemed to be charged with a noncriminal infraction, shall be
  173  cited for such an infraction, and shall be cited to appear
  174  before the county court. The civil penalty for any such
  175  infraction is $50, except as otherwise provided in this section.
  176  Any person who fails to appear or otherwise properly respond to
  177  a uniform boating citation shall, in addition to the charge
  178  relating to the violation of the boating laws of this state, be
  179  charged with the offense of failing to respond to such citation
  180  and, upon conviction, be guilty of a misdemeanor of the second
  181  degree, punishable as provided in s. 775.082 or s. 775.083. A
  182  written warning to this effect shall be provided at the time
  183  such uniform boating citation is issued.
  184         (5) Any person electing to appear before the county court
  185  or who is required so to appear shall be deemed to have waived
  186  the limitations on the civil penalty specified in subsection
  187  (1). The court, after a hearing, shall make a determination as
  188  to whether an infraction has been committed. If the commission
  189  of an infraction has been proven, the court may impose a civil
  190  penalty not to exceed $500 or a higher amount as specified in
  191  subsection (1).
  192         Section 5. For the purpose of incorporating the amendment
  193  made by this act to section 327.73, Florida Statutes, in a
  194  reference thereto, section 327.72, Florida Statutes, is
  195  reenacted and amended to read:
  196         327.72 Penalties.—Any person failing to comply with the
  197  provisions of this chapter or chapter 328 not specified in s.
  198  327.73 or not paying the civil penalty specified in s. 327.73
  199  said section within 30 days, except as otherwise provided in
  200  this chapter or chapter 328, commits a misdemeanor of the second
  201  degree, punishable as provided in s. 775.082 or s. 775.083.
  202         Section 6. For the purpose of incorporating the amendment
  203  made by this act to section 327.73, Florida Statutes, in a
  204  reference thereto, subsection (1) of section 327.731, Florida
  205  Statutes, is reenacted to read:
  206         327.731 Mandatory education for violators.—
  207         (1) Every person convicted of a criminal violation of this
  208  chapter, every person convicted of a noncriminal infraction
  209  under this chapter if the infraction resulted in a reportable
  210  boating accident, and every person convicted of two noncriminal
  211  infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
  212  and (s)-(x), said infractions occurring within a 12-month
  213  period, must:
  214         (a) Enroll in, attend, and successfully complete, at his or
  215  her own expense, a boating safety course that meets minimum
  216  standards established by the commission by rule; however, the
  217  commission may provide by rule pursuant to chapter 120 for
  218  waivers of the attendance requirement for violators residing in
  219  areas where classroom presentation of the course is not
  220  available;
  221         (b) File with the commission within 90 days proof of
  222  successful completion of the course;
  223         (c) Refrain from operating a vessel until he or she has
  224  filed the proof of successful completion of the course with the
  225  commission.
  226  
  227  Any person who has successfully completed an approved boating
  228  course shall be exempt from these provisions upon showing proof
  229  to the commission as specified in paragraph (b).
  230         Section 7. This act shall take effect October 1, 2011.