Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1454
Ì588856_Î588856
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2016 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Environmental Preservation and Conservation
(Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 327.33, Florida
6 Statutes, is amended to read:
7 327.33 Reckless or careless operation of vessel.—
8 (2) A Any person who operates any operating a vessel upon
9 the waters of this state shall operate the vessel in a
10 reasonable and prudent manner, having regard for other
11 waterborne traffic, posted speed and wake restrictions, and all
12 other attendant circumstances so as not to endanger the life,
13 limb, or property of another any person outside the vessel or
14 endanger the life, limb, or property of any person due to vessel
15 overloading or excessive speed. The failure to operate a vessel
16 in a manner described in this subsection constitutes careless
17 operation. However, vessel wake and shoreline wash resulting
18 from the reasonable and prudent operation of a vessel shall,
19 absent negligence, does not constitute damage or endangerment to
20 property. A Any person who violates the provisions of this
21 subsection commits a noncriminal violation as defined in s.
22 775.08.
23 Section 2. Subsections (2), (3), and (4) of section 327.70,
24 Florida Statutes, are amended to read:
25 327.70 Enforcement of this chapter and chapter 328.—
26 (2)(a) The operator of a vessel, upon demonstrated
27 compliance with safety equipment carriage and use requirements
28 as provided in this chapter during a safety inspection initiated
29 by a law enforcement officer, shall be issued a safety
30 inspection decal signifying such compliance. The safety
31 inspection decal, if displayed, must be located within 6 inches
32 of the inspected vessel’s properly displayed vessel registration
33 decal and shall signify that the vessel is deemed to have met
34 safety equipment carriage and use requirements as provided in
35 this chapter at the time and location of inspection. For non
36 motorized vessels which are not required to be registered, the
37 safety inspection decal, if displayed, must be located on the
38 forward half of the port side of the vessel above the waterline.
39 (b) Law enforcement officers may not stop a vessel solely
40 for the purpose of inspecting safety equipment carriage
41 requirements when the vessel properly displays a valid safety
42 inspection decal, created or approved by the Division of Law
43 Enforcement of the Fish and Wildlife Conservation Commission,
44 except when there is reasonable suspicion that a violation of a
45 safety equipment carriage or use requirement has occurred or is
46 occurring. Nothing herein is intended to restrict vessel stops
47 for any other unlawful purpose.
48 (3)(a) Noncriminal violations of the following statutes may
49 be enforced by a uniform boating citation mailed to the
50 registered owner of an unattended vessel anchored, aground, or
51 moored on the waters of this state:
52 1. Section 327.33(3)(b), relating to navigation rules.
53 2. Section 327.44, relating to interference with
54 navigation.
55 3. Section 327.50(2), relating to required lights and
56 shapes.
57 4. Section 327.53, relating to marine sanitation.
58 5. Section 328.48(5), relating to display of decal.
59 6. Section 328.52(2), relating to display of number.
60 (b) Citations issued to livery vessels under this
61 subsection shall be the responsibility of the lessee of the
62 vessel if the livery has included a warning of this
63 responsibility as a part of the rental agreement and has
64 provided to the agency issuing the citation the name, address,
65 and date of birth of the lessee when requested by that agency.
66 The livery is not responsible for the payment of citations if
67 the livery provides the required warning and lessee information.
68 (4)(3) Such officers shall have the power and duty to issue
69 such orders and to make such investigations, reports, and
70 arrests in connection with any violation of the provisions of
71 this chapter and chapter 328 as are necessary to effectuate the
72 intent and purpose of this chapter and chapter 328.
73 (5)(4) The Fish and Wildlife Conservation Commission or any
74 other law enforcement agency may make any investigation
75 necessary to secure information required to carry out and
76 enforce the provisions of this chapter and chapter 328.
77 Section 3. This act shall take effect July 1, 2016.
78
79 ================= T I T L E A M E N D M E N T ================
80 And the title is amended as follows:
81 Delete everything before the enacting clause
82 and insert:
83 A bill to be entitled
84 An act relating to vessels; amending s. 327.33, F.S.;
85 revising provisions relating to careless operation of
86 a vessel; amending s. 327.70, F.S.; requiring the
87 issuance and use of a safety inspection decal under
88 certain circumstances; prohibiting law enforcement
89 officers from stopping a vessel for a specified
90 purpose under certain circumstances; providing an
91 exception; providing an effective date.