Senate Bill 2554

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    Florida Senate - 2000                                  SB 2554

    By Senator King





    8-960-00

  1                      A bill to be entitled

  2         An act relating to boating safety; amending s.

  3         316.193, F.S.; including certain

  4         alcohol-related boating offenses in offenses

  5         that are considered previous offenses for

  6         purposes of penalties for the offense of

  7         driving under the influence; amending s.

  8         316.635, F.S.; revising provisions related to

  9         the jurisdiction of courts over minors who

10         commit traffic or boating violations; amending

11         s. 318.32; empowering hearing officers to hear

12         cases involving boating violations; amending s.

13         327.02, F.S.; revising definitions; amending s.

14         327.04, F.S.; authorizing the Fish and Wildlife

15         Conservation Commission to adopt rules;

16         amending s. 327.22, F.S.; revising provisions

17         relating to the regulations of vessels in

18         restricted areas by local governments; creating

19         s. 327.303, F.S.; prescribing accident report

20         forms to be used for boating accidents;

21         amending s. 327.32, F.S.; establishing a

22         standard of care for vessel operators to limit

23         liability; amending s. 327.33, F.S.; revising

24         provisions relating to vessel operation in the

25         vicinity of a divers-down flag; amending s.

26         861.065, F.S.; revising provisions relating to

27         the design and display of divers-down flags;

28         amending s. 327.35, F.S.; requiring certain

29         persons convicted of boating under the

30         influence to have evaluations and complete

31         substance-abuse-treatment programs; providing

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  1         an exemption for boaters with designated

  2         drivers; amending s. 327.355, F.S.; conforming

  3         a reference; amending s. 327.36, F.S.; revising

  4         terminology regarding blood and breath-alcohol

  5         levels; amending s. 327.37, F.S.; revising

  6         personal flotation device requirements for

  7         water skiing, parasailing, or aquaplaning

  8         participants; amending s. 327.39, F.S.;

  9         revising requirements for the operation of

10         personal watercraft relating to flotation

11         devices, reckless or careless operation, and

12         minimum age for operation; prohibiting the

13         lease, hiring, or rental to certain persons;

14         providing a penalty; amending s. 327.395, F.S.;

15         revising the age limits regarding boating

16         safety identification card requirements;

17         amending ss. 327.40 and 327.41, F.S.; revising

18         the requirements for placing safety and

19         navigational markers on state waters; amending

20         s. 327.46, F.S.; revising provisions relating

21         to the authority to establish restricted areas;

22         creating s. 327.49, F.S.; authorizing certain

23         testing of vessels and vessel motors on the

24         waters of the state; amending s. 327.54, F.S.;

25         revising requirements for leasing, hiring, or

26         renting of vessels by liveries, relating to

27         prerental or preride instruction, minimum age

28         for rental, safety information and instruction,

29         and limitation of liability; requiring liveries

30         to carry certain insurance coverage; providing

31         a penalty; amending s. 327.72, F.S.; extending

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  1         the time within which to pay certain penalties

  2         without incurring further sanctions; amending

  3         s. 327.73, F.S.; revising penalties for vessel

  4         laws violations; providing additional court

  5         costs; providing for alternative penalties;

  6         amending s. 327.731, F.S.; requiring certain

  7         persons convicted of divers-down flag

  8         violations to attend a boating safety course;

  9         creating s. 327.732, F.S.; providing penalties

10         for minors convicted of boating violations;

11         amending ss. 328.48, 328.56, 328.70, 328.72,

12         F.S.; conforming provisions; requiring the

13         registration number of antique vessels to be

14         permanently attached to each side of the

15         forward half of the vessels; amending s.

16         328.76, F.S.; limiting the use of personal

17         watercraft registration fees; amending s.

18         713.78, F.S.; redefining the term "vessel";

19         amending s. 938.17, F.S.; conforming

20         provisions; assessing a court-cost charge to

21         certain persons convicted of boating offenses;

22         amending s. 947.146, F.S.; providing that

23         inmates convicted of BUI manslaughter who are

24         also habitual offenders are ineligible for

25         control release; amending s. 985.05, F.S.;

26         providing that the clerk of the court destroy

27         certain records of boating violations and

28         forward certain boating-violation records to

29         the Fish and Wildlife Conservation Commission;

30         amending s. 985.212, F.S.; providing for the

31         fingerprinting of juvenile boating violators;

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  1         providing that such records are public records;

  2         providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (6) of section 316.193, Florida

  7  Statutes, is amended to read:

  8         316.193  Driving under the influence; penalties.--

  9         (6)  With respect to any person convicted of a

10  violation of subsection (1), regardless of any penalty imposed

11  pursuant to subsection (2), subsection (3), or subsection (4):

12         (a)  For the first conviction, the court shall place

13  the defendant on probation for a period not to exceed 1 year

14  and, as a condition of such probation, shall order the

15  defendant to participate in public service or a community work

16  project for a minimum of 50 hours; or the court may order

17  instead, that any defendant pay an additional fine of $10 for

18  each hour of public service or community work otherwise

19  required, if, after consideration of the residence or location

20  of the defendant at the time public service or community work

21  is required, payment of the fine is in the best interests of

22  the state. However, the total period of probation and

23  incarceration may not exceed 1 year. The court must also, as a

24  condition of probation, order the impoundment or

25  immobilization of the vehicle that was operated by or in the

26  actual control of the defendant or any one vehicle registered

27  in the defendant's name at the time of impoundment or

28  immobilization, for a period of 10 days or for the unexpired

29  term of any lease or rental agreement that expires within 10

30  days. The impoundment or immobilization must not occur

31  concurrently with the incarceration of the defendant.  The

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  1  impoundment or immobilization order may be dismissed in

  2  accordance with paragraph (e), paragraph (f), or paragraph

  3  (g).

  4         (b)  For the second conviction for an offense that

  5  occurs within a period of 5 years after the date of a prior

  6  conviction for violation of this section, the court shall

  7  order imprisonment for not less than 10 days. The court must

  8  also, as a condition of probation, order the impoundment or

  9  immobilization of the vehicle that was operated by or in the

10  actual control of the defendant or any one vehicle registered

11  in the defendant's name at the time of impoundment or

12  immobilization, for a period of 30 days or for the unexpired

13  term of any lease or rental agreement that expires within 30

14  days. The impoundment or immobilization must not occur

15  concurrently with the incarceration of the defendant.  The

16  impoundment or immobilization order may be dismissed in

17  accordance with paragraph (e), paragraph (f), or paragraph

18  (g).  At least 48 hours of confinement must be consecutive.

19         (c)  For the third or subsequent conviction for an

20  offense that occurs within a period of 10 years after the date

21  of a prior conviction for violation of this section, the court

22  shall order imprisonment for not less than 30 days. The court

23  must also, as a condition of probation, order the impoundment

24  or immobilization of the vehicle that was operated by or in

25  the actual control of the defendant or any one vehicle

26  registered in the defendant's name at the time of impoundment

27  or immobilization, for a period of 90 days or for the

28  unexpired term of any lease or rental agreement that expires

29  within 90 days. The impoundment or immobilization must not

30  occur concurrently with the incarceration of the defendant.

31  The impoundment or immobilization order may be dismissed in

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  1  accordance with paragraph (e), paragraph (f), or paragraph

  2  (g). At least 48 hours of confinement must be consecutive.

  3         (d)  The court must at the time of sentencing the

  4  defendant issue an order for the impoundment or immobilization

  5  of a vehicle. Within 7 business days after the date that the

  6  court issues the order of impoundment or immobilization, the

  7  clerk of the court must send notice by certified mail, return

  8  receipt requested, to the registered owner of each vehicle, if

  9  the registered owner is a person other than the defendant, and

10  to each person of record claiming a lien against the vehicle.

11         (e)  A person who owns but was not operating the

12  vehicle when the offense occurred may submit to the court a

13  police report indicating that the vehicle was stolen at the

14  time of the offense or documentation of having purchased the

15  vehicle after the offense was committed from an entity other

16  than the defendant or the defendant's agent. If the court

17  finds that the vehicle was stolen or that the sale was not

18  made to circumvent the order and allow the defendant continued

19  access to the vehicle, the order must be dismissed and the

20  owner of the vehicle will incur no costs. If the court denies

21  the request to dismiss the order of impoundment or

22  immobilization, the petitioner may request an evidentiary

23  hearing.

24         (f)  A person who owns but was not operating the

25  vehicle when the offense occurred, and whose vehicle was

26  stolen or who purchased the vehicle after the offense was

27  committed directly from the defendant or the defendant's

28  agent, may request an evidentiary hearing to determine whether

29  the impoundment or immobilization should occur. If the court

30  finds that either the vehicle was stolen or the purchase was

31  made without knowledge of the offense, that the purchaser had

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  1  no relationship to the defendant other than through the

  2  transaction, and that such purchase would not circumvent the

  3  order and allow the defendant continued access to the vehicle,

  4  the order must be dismissed and the owner of the vehicle will

  5  incur no costs.

  6         (g)  The court shall also dismiss the order of

  7  impoundment or immobilization of the vehicle if the court

  8  finds that the family of the owner of the vehicle has no other

  9  private means of transportation.

10         (h)  All costs and fees for the impoundment or

11  immobilization, including the cost of notification, must be

12  paid by the owner of the vehicle or, if the vehicle is leased

13  or rented, by the person leasing or renting the vehicle,

14  unless the impoundment or immobilization order is dismissed.

15  All provisions of s. 713.78 shall apply.

16         (i)  The person who owns a vehicle that is impounded or

17  immobilized under this paragraph, or a person who has a lien

18  of record against such a vehicle and who has not requested a

19  review of the impoundment pursuant to paragraph (e), paragraph

20  (f), or paragraph (g), may, within 10 days after the date that

21  person has knowledge of the location of the vehicle, file a

22  complaint in the county in which the owner resides to

23  determine whether the vehicle was wrongfully taken or withheld

24  from the owner or lienholder. Upon the filing of a complaint,

25  the owner or lienholder may have the vehicle released by

26  posting with the court a bond or other adequate security equal

27  to the amount of the costs and fees for impoundment or

28  immobilization, including towing or storage, to ensure the

29  payment of such costs and fees if the owner or lienholder does

30  not prevail. When the bond is posted and the fee is paid as

31  set forth in s. 28.24, the clerk of the court shall issue a

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  1  certificate releasing the vehicle. At the time of release,

  2  after reasonable inspection, the owner or lienholder must give

  3  a receipt to the towing or storage company indicating any loss

  4  or damage to the vehicle or to the contents of the vehicle.

  5         (j)  A defendant, in the court's discretion, may be

  6  required to serve all or any portion of a term of imprisonment

  7  to which the defendant has been sentenced pursuant to this

  8  section in a residential alcoholism treatment program or a

  9  residential drug abuse treatment program. Any time spent in

10  such a program must be credited by the court toward the term

11  of imprisonment.

12

13  For the purposes of this section, any conviction for a

14  violation of s. 327.35; a previous conviction for the

15  violation of former s. 316.1931, former s. 327.351, former s.

16  860.01, or former s. 316.028; or a previous conviction outside

17  this state for driving or boating under the influence, driving

18  or boating while intoxicated, driving or boating with an

19  unlawful blood-alcohol level, driving or boating with an

20  unlawful breath-alcohol level, or any other similar

21  alcohol-related or drug-related traffic or boating offense, is

22  also considered a previous conviction for violation of this

23  section. However, in satisfaction of the fine imposed pursuant

24  to this section, the court may, upon a finding that the

25  defendant is financially unable to pay either all or part of

26  the fine, order that the defendant participate for a specified

27  additional period of time in public service or a community

28  work project in lieu of payment of that portion of the fine

29  which the court determines the defendant is unable to pay. In

30  determining such additional sentence, the court shall consider

31  the amount of the unpaid portion of the fine and the

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  1  reasonable value of the services to be ordered; however, the

  2  court may not compute the reasonable value of services at a

  3  rate less than the federal minimum wage at the time of

  4  sentencing.

  5         Section 2.  Section 316.635, Florida Statutes, is

  6  amended to read:

  7         316.635  Courts having jurisdiction over traffic

  8  violations; powers relating to custody and detention of

  9  minors.--

10         (1)  A court which has jurisdiction over traffic and

11  boating violations shall have original jurisdiction in the

12  case of any minor who is alleged to have committed a violation

13  of law or of a county or municipal ordinance pertaining to the

14  operation of a motor vehicle or vessel; however, any traffic

15  or boating offense that is punishable by law as a felony shall

16  be under the jurisdiction of the circuit court.

17         (2)  If a minor is arrested for the commission of a

18  criminal traffic or boating offense and transportation is

19  necessary, the minor shall not be placed in any police car or

20  other vehicle which at the same time contains an adult under

21  arrest, except upon special order of the circuit court.

22  However, if the minor is alleged to have participated with an

23  adult in the same offense or transaction, the minor may be

24  transported in the same vehicle with the adult.

25         (3)  If a minor is taken into custody for a criminal

26  traffic or boating offense or a violation of chapter 322 and

27  the minor does not demand to be taken before a magistrate, the

28  arresting officer or booking officer shall immediately notify,

29  or cause to be notified, the minor's parents, guardian, or

30  responsible adult relative of the action taken. After making

31

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  1  every reasonable effort to give notice, the arresting officer

  2  or booking officer may:

  3         (a)  Issue a notice to appear pursuant to chapter 901

  4  and release the minor to a parent, guardian, responsible adult

  5  relative, or other responsible adult;

  6         (b)  Issue a notice to appear pursuant to chapter 901

  7  and release the minor pursuant to s. 903.06;

  8         (c)  Issue a notice to appear pursuant to chapter 901

  9  and deliver the minor to an appropriate substance abuse

10  treatment or rehabilitation facility or refer the minor to an

11  appropriate medical facility as provided in s. 901.29.  If the

12  minor cannot be delivered to an appropriate substance abuse

13  treatment or rehabilitation facility or medical facility, the

14  arresting officer may deliver the minor to an appropriate

15  intake office of the Department of Juvenile Justice, which

16  shall take custody of the minor and make any appropriate

17  referrals; or

18         (d)  If the violation constitutes a felony and the

19  minor cannot be released pursuant to s. 903.03, transport and

20  deliver the minor to an appropriate Department of Juvenile

21  Justice intake office. Upon delivery of the minor to the

22  intake office, the department shall assume custody and proceed

23  pursuant to chapter 984 or chapter 985.

24

25  If action is not taken pursuant to paragraphs (a)-(d), the

26  minor shall be delivered to the Department of Juvenile

27  Justice, and the department shall make every reasonable effort

28  to contact the parents, guardian, or responsible adult

29  relative to take custody of the minor. If there is no parent,

30  guardian, or responsible adult relative available, the

31  department may retain custody of the minor for up to 24 hours.

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  1         (4)  A minor who willfully fails to appear before any

  2  court or judicial officer as required by written notice to

  3  appear is guilty of contempt of court. Upon a finding by a

  4  court, after notice and a hearing, that a minor is in contempt

  5  of court for willful failure to appear pursuant to a valid

  6  notice to appear, the court may:

  7         (a)  For a first offense, order the minor to serve up

  8  to 5 days in a staff-secure shelter as defined in chapter 984

  9  or chapter 985 or, if space in a staff-secure shelter is

10  unavailable, in a secure juvenile detention center.

11         (b)  For a second or subsequent offense, the court may

12  order a minor to serve up to 15 days in a staff-secure shelter

13  or, if space in a staff-secure shelter is unavailable, in a

14  secure juvenile detention center.

15         Section 3.  Subsection (1) of section 318.32, Florida

16  Statutes, is amended to read:

17         318.32  Jurisdiction; limitations.--

18         (1)  Hearing officers shall be empowered to accept

19  pleas from and decide the guilt or innocence of any person,

20  adult or juvenile, charged with any civil traffic or boating

21  infraction and shall be empowered to adjudicate or withhold

22  adjudication of guilt in the same manner as a county court

23  judge under the statutes, rules, and procedures presently

24  existing or as subsequently amended, except that hearing

25  officers shall not:

26         (a)  Have the power to hold a defendant in contempt of

27  court, but shall be permitted to file a motion for order of

28  contempt with the appropriate state trial court judge;

29         (b)  Hear a case involving a traffic crash or boating

30  accident resulting in injury or death; or

31

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  1         (c)  Hear a criminal traffic offense case or a case

  2  involving a civil traffic or boating infraction issued in

  3  conjunction with a criminal traffic or boating offense.

  4         Section 4.  Subsections (4), (20), (21), (22), (24),

  5  (27), (32), and (34) of section 327.02, Florida Statutes, are

  6  amended, and subsection (38) is added to that section to read:

  7         327.02  Definitions of terms used in this chapter and

  8  in chapter 328.--As used in this chapter and in chapter 328,

  9  unless the context clearly requires a different meaning, the

10  term:

11         (4)  "Commercial vessel" means:

12         (a)  Any vessel primarily engaged in the taking or

13  landing of saltwater fish or saltwater products or freshwater

14  fish or freshwater products, or any vessel licensed pursuant

15  to s. 370.06 from which commercial quantities of saltwater

16  products are harvested, from within and without the waters of

17  this state for sale either to the consumer, retail dealer, or

18  wholesale dealer.

19         (b)  Any other vessel, other than a recreational

20  engaged in any activity wherein a fee is paid by the user,

21  either directly or indirectly, to the owner, operator, or

22  custodian of the vessel.

23         (20)  "Motorboat" means any vessel that which is

24  propelled or powered by machinery, whether the machinery is

25  operating or not and which is used or capable of being used as

26  a means of transportation on water.

27         (21)  "Navigation rules" means the International

28  Navigational Rules Act of 1977, 33 U.S.C. appendix following

29  section 1602, as amended, and including all annexes in effect

30  on June 1, 1983, for vessels on waters outside of established

31  navigational lines of demarcation as specified in 33 C.F.R.

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  1  part 80 or the Inland Navigational Rules Act of 1980, 33

  2  U.S.C. sections 2001, et seq., as amended, and including all

  3  annexes in effect on December 24, 1981, for vessels on all

  4  waters not outside of such lines of demarcation.

  5         (22)  "Recreational Noncommercial vessel" means any

  6  vessel that is manufactured and used primarily for

  7  noncommercial purposes, including one that is leased, rented,

  8  or chartered to a person for that person's noncommercial use

  9  other than a commercial vessel as defined in this section.

10         (24)  "Operate" means to be in charge of or in command

11  of or in actual physical control of a vessel upon the waters

12  of this state, or to exercise control over or to have

13  responsibility for a vessel's navigation or safety while the

14  vessel is underway upon the waters of this state, or to

15  control or steer a vessel being towed by another vessel upon

16  the waters of the state; provided, however, that this

17  definition shall not apply to a person on a vessel that is

18  docked or otherwise made fast to the shore and shall not apply

19  to a vessel owner or operator who designates a driver pursuant

20  to s. 327.35.

21         (27)  "Personal watercraft" means a small class A-1 or

22  A-2 vessel less than 16 feet in length which uses an outboard

23  motor, or an inboard motor powering a water jet pump, as its

24  primary source of motive power and which is designed to be

25  operated by a person sitting, standing, or kneeling on, or

26  being towed behind the vessel, rather than in the conventional

27  manner of sitting or standing inside the vessel.

28         (32)  "Regulatory Marker" means any channel mark or

29  other navigational aid, informational or regulatory mark,

30  isolated danger mark, safe-water mark, special mark, inland

31  waters obstruction mark, or mooring buoy anchored or fixed

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  1  marker in, on, or over the waters of this state or its shores

  2  water, or anchored platform on the surface of the water, other

  3  than a marker provided in s. 327.40, and includes, but is not

  4  limited to, a sign, beacon, buoy, or light bathing beach

  5  marker, speed zone marker, information marker, restricted zone

  6  marker, congested area marker, or warning marker.

  7         (34)  "Sailboat" means any vessel whose sole source of

  8  propulsion is the natural element (i.e., wind).

  9         (38)  "Livery vessel" means any vessel that is leased,

10  rented, or chartered to another for consideration.

11         Section 5.  Section 327.04, Florida Statutes, is

12  amended to read:

13         327.04  Rules.--The commission department has authority

14  to adopt rules pursuant to ss. 120.536(1) and 120.54 to

15  implement the provisions of this chapter conferring powers or

16  duties upon it.

17         Section 6.  Subsection (1) of section 327.22, Florida

18  Statutes, is amended to read:

19         327.22  Regulation of vessels by municipalities or

20  counties.--

21         (1)  Nothing in this chapter shall be construed to

22  prohibit any municipality or county that expends money for the

23  patrol, regulation, and maintenance of any lakes, rivers, or

24  waters and for other boating-related activities in such

25  municipality or county from regulating vessels resident in

26  such municipality or county. Any county or municipality may

27  adopt ordinances which provide for enforcement of noncriminal

28  violations of restricted areas s. 327.33 relating to the

29  careless operation of a vessel which result results in the

30  endangering or damaging of property, by citation mailed to

31  registered owner of the vessel. Any such ordinance shall apply

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  1  only in legally established designated restricted areas which

  2  are properly marked pursuant to s. 327.40 and s. 327.41 and in

  3  need of shoreline protection.  Any county and the

  4  municipalities located within the county may jointly regulate

  5  vessels.

  6         Section 7.  Section 327.303, Florida Statutes, is

  7  created to read:

  8         327.303  Accident report forms.--

  9         (1)  The commission shall prepare and, upon request,

10  supply to police departments, sheriffs, and other appropriate

11  agencies or individuals forms for accident reports as required

12  in this chapter. The forms must provide for sufficiently

13  detailed information to disclose, with reference to a boating

14  accident, the cause and conditions then existing and the

15  persons and vessels involved. Accident report forms may

16  require the policy numbers of liability insurance and the

17  names of carriers covering any vessel involved in the

18  accident.

19         (2)  Each written accident report must be made on the

20  appropriate form approved by the commission and must contain

21  all the information required unless it is not available.

22  Notwithstanding any other provisions of this section, an

23  accident report produced electronically by a law enforcement

24  officer must, at a minimum, contain the same information as is

25  called for on forms approved by the commission.

26         Section 8.  Section 327.32, Florida Statutes, is

27  amended to read:

28         327.32  Vessel declared dangerous instrumentality;

29  civil liability.--All vessels, of whatever classification, are

30  shall be considered dangerous instrumentalities in this state,

31  and any operator of a vessel shall, during any utilization of

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  1  the vessel, exercise the highest degree of care, caution, and

  2  circumspection ordinarily exercised by a cautious and prudent

  3  mariner under similar circumstances in order to prevent

  4  injuries to others.  The limitation of liability for reckless

  5  or careless negligent operation of a vessel shall be governed

  6  by 46 U.S.C., appendix ss. 181-189 confined to the operator in

  7  immediate charge of the vessel and not imposed upon the owner

  8  of the vessel, unless the owner is the operator or is present

  9  in the vessel when any injury or damage is occasioned by the

10  reckless or careless operation of such vessel, whether such

11  recklessness or carelessness consists of a violation of the

12  provisions of the statutes of this state, or disregard in

13  observing such care and such operation as the rules of the

14  common law require.

15         Section 9.  Subsection (2) of section 327.33, Florida

16  Statutes, is amended to read:

17         327.33  Reckless or careless operation of vessel.--

18         (2)  Any person operating a vessel upon the waters of

19  this state shall operate the vessel in a reasonable and

20  prudent manner, having regard for other waterborne traffic,

21  posted speed and wake restrictions, the presence of a

22  divers-down flag as defined in s. 327.331 s. 861.065, and all

23  other attendant circumstances so as not to endanger the life,

24  limb, or property of any person.  Any person operating a

25  vessel on a river, inlet, or navigation channel shall make a

26  reasonable effort to maintain a distance of 100 feet from any

27  divers-down flag.  The failure to operate a vessel in a manner

28  described in this subsection constitutes careless operation.

29  However, vessel wake and shoreline wash resulting from the

30  reasonable and prudent operation of a vessel shall, absent

31  negligence, not constitute damage or endangerment to property.

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  1  Any person who violates the provisions of this subsection

  2  commits is guilty of a noncriminal violation as defined in s.

  3  775.08.

  4         Section 10.  Section 861.065 is transferred, renumbered

  5  as section 327.331, Florida Statutes, and amended to read:

  6         327.331 861.065  Divers; definitions; divers-down flag

  7  required; obstruction to navigation of certain waters;

  8  penalty.--

  9         (1)  As used in this section, the term:

10         (a)  "Diver" means any person who is wholly or

11  partially submerged in the waters of the state and is equipped

12  with a face mask and snorkel or underwater breathing

13  apparatus.

14         (b)(2)  "Underwater breathing apparatus" means shall

15  mean any apparatus, whether self-contained or connected to a

16  distant source of air or other gas, whereby a person wholly or

17  partially submerged in water is enabled to obtain or reuse air

18  or any other gas or gases for breathing without returning to

19  the surface of the water.

20         (c)(3)  "Divers-down flag" means shall mean a flag that

21  meets the requirements set forth in subsection (2).

22         (2)  A divers-down flag must:

23         (a)  Be square or rectangular, and if rectangular, the

24  length must not be less than the height nor more than 25

25  percent larger than the height. It must have a wire or other

26  stiffener to hold it fully unfurled and extended in the

27  absence of a wind or breeze.

28         (b)  Be red with a white diagonal stripe that begins at

29  the top-staff side of the flag and extends diagonally to the

30  lower opposite corner. The width of the stripe must be 25

31  percent of the height of the flag.

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  1         (c)  Be a minimum of 12 by 12 inches if displayed on a

  2  buoy or float towed by the diver and 20 by 24 inches if

  3  displayed from a vessel or structure.

  4         (d)  If displayed from a vessel, be displayed from the

  5  highest point of the vessel or such other location so that the

  6  visibility of the flag is not obstructed in any direction. is

  7  either square or rectangular, to approximately 4 units high by

  8  5 units long, with a 1-unit diagonal stripe.  The divers-down

  9  flag shall have a white diagonal stripe on a red background.

10  The stripe shall begin at the top staff-side of the flag and

11  extend diagonally to the opposite lower corner.  The flag

12  shall be free-flying and shall be lowered when all divers are

13  aboard or ashore.  The minimum size shall be 12 by 12 inches.

14         (3)(a)(4)  All divers must shall prominently display a

15  divers-down flag in the area in which the diving occurs, other

16  than when diving in an area customarily used for swimming

17  only.

18         (b)(5)  A No diver or group of divers may not shall

19  display one or more divers-down flags on a river, inlet, or

20  navigation channel, except in case of emergency, in a manner

21  that which shall unreasonably constitutes constitute a

22  navigational hazard.

23         (6)  Divers must shall make reasonable efforts to stay

24  within 100 feet of the divers-down flag on rivers, inlets, and

25  navigation channels. Any person operating a vessel on a river,

26  inlet, or navigation channel must make a reasonable effort to

27  maintain a distance of 100 feet from any divers-down flag.

28         (c)  Divers must make reasonable efforts to stay within

29  300 feet of the divers-down flag on all waters other than

30  rivers, inlets, and navigation channels. Any person operating

31  a vessel on waters other than a river, inlet, or navigation

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  1  channel must make a reasonable effort to maintain a distance

  2  of 300 feet from a divers-down flag.

  3         (d)  Any vessel other than a law enforcement or rescue

  4  vessel that approaches within 100 feet of a divers-down flag

  5  on rivers, inlets, or navigation channels or within 300 feet

  6  of a divers-down flag on waters other than rivers, inlets, or

  7  navigation channels must proceed no faster than is necessary

  8  to maintain headway and steerageway.

  9         (e)  A divers-down flag must be lowered once all divers

10  are aboard or ashore. A person may not operate any vessel

11  displaying a divers-down flag unless the vessel has one or

12  more divers in the water.

13         (4)(7)  Any willful violation of this section is a

14  noncriminal infraction, punishable as provided in s. 327.73

15  shall be a misdemeanor of the second degree punishable as

16  provided by s. 775.082 or s. 775.083.

17         Section 11.  Subsections (3), (4), (5), (6), and (10)

18  of section 327.35, Florida Statutes, are amended to read:

19         327.35  Boating under the influence; penalties;

20  "designated drivers".--

21         (3)  Any person:

22         (a)  Who is in violation of subsection (1);

23         (b)  Who operates a vessel; and

24         (c)  Who, by reason of such operation, causes:

25         1.  Damage to the property or person of another commits

26  a misdemeanor of the first degree, punishable as provided in

27  s. 775.082 or s. 775.083.

28         2.  Serious bodily injury to another, as defined in s.

29  316.1933, commits a felony of the third degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

31

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  1         3.  The death of any human being commits BUI

  2  manslaughter, and commits:

  3         a.  A felony of the second degree, punishable as

  4  provided in s. 775.082, s. 775.083, or s. 775.084.

  5         b.  A felony of the first degree, punishable as

  6  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  7         (I)  At the time of the accident, the person knew, or

  8  should have known, that the accident occurred; and

  9         (II)  The person failed to give information and render

10  aid as required by s. 327.30 s. 316.062.

11

12  This sub-subparagraph does not require that the person knew

13  that the accident resulted in injury or death.

14         (4)  Any person who is convicted of a violation of

15  subsection (1) and who has a blood-alcohol level or

16  breath-alcohol level of 0.16 0.20 or higher, or any person who

17  is convicted of a violation of subsection (1) and who at the

18  time of the offense was accompanied in the vessel by a person

19  under the age of 18 years, shall be punished:

20         (a)  By a fine of:

21         1.  Not less than $500 or more than $1,000 for a first

22  conviction.

23         2.  Not less than $1,000 or more than $2,000 for a

24  second conviction.

25         3.  Not less than $2,000 or more than $5,000 for a

26  third conviction.

27         (b)  By imprisonment for:

28         1.  Not more than 9 months for a first conviction.

29         2.  Not more than 12 months for a second conviction.

30         3.  Not more than 12 months for a third conviction.

31

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  1  For the purposes of this subsection, only the instant offense

  2  is required to be a violation of subsection (1) by a person

  3  who has a blood-alcohol level or breath-alcohol level of 0.16

  4  0.20 or higher.

  5         (5)  In addition to any sentence or fine, the court

  6  shall place any offender convicted of violating this section

  7  on monthly reporting probation and shall require completion of

  8  attendance at a substance abuse course specified by the court,

  9  which must include a psychosocial evaluation of the offender.

10  If; and the agency conducting the course refers may refer the

11  offender to an authorized substance abuse treatment service

12  provider for substance abuse evaluation and treatment, in

13  addition to any sentence or fine imposed under this section,

14  completion of all such education, evaluation, and treatment is

15  a condition of reporting probation.  The offender shall assume

16  reasonable costs for such education, evaluation, and

17  treatment, with completion of all such education, evaluation,

18  and treatment being a condition of reporting probation.

19  Referral to treatment resulting from a psychosocial evaluation

20  may not be waived without a supporting independent

21  psychosocial evaluation conducted by an authorized provider of

22  substance abuse treatment agency appointed by the court, which

23  shall have and with access to the original psychological

24  evaluation before the independent psychosocial evaluation is

25  completed. The court must review both evaluations before

26  deciding on the request for waiver.  The offender shall bear

27  the full cost of this procedure.  The term "substance abuse"

28  means the abuse of alcohol or any substance named or described

29  in Schedules I through V of s. 893.03. If an offender who is

30  referred to treatment under this subsection fails to report

31  for or complete such treatment or fails to complete the

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  1  substance abuse education course and evaluation, the agency

  2  conducting the course shall notify the court and the

  3  offender's probation officer of the failure. Upon receipt of

  4  the notice, the court shall order the offender not to operate

  5  any vessel upon the waters of this state for the remainder of

  6  the period of probation.

  7         (6)  With respect to any person convicted of a

  8  violation of subsection (1), regardless of any other penalty

  9  imposed:

10         (a)  For the first conviction, the court shall place

11  the defendant on probation for a period not to exceed 1 year

12  and, as a condition of such probation, shall order the

13  defendant to participate in public service or a community work

14  project for a minimum of 50 hours.   The court must also, as a

15  condition of probation, order the impoundment or

16  immobilization of the vessel that was operated by or in the

17  actual control of the defendant or any one vehicle registered

18  in the defendant's name at the time of impoundment or

19  immobilization, for a period of 10 days or for the unexpired

20  term of any lease or rental agreement that expires within 10

21  days. The impoundment or immobilization must not occur

22  concurrently with the incarceration of the defendant.  The

23  impoundment or immobilization order may be dismissed in

24  accordance with paragraph (e) or paragraph (f). The total

25  period of probation and incarceration may not exceed 1 year.

26         (b)  For the second conviction for an offense that

27  occurs within a period of 5 years after the date of a prior

28  conviction for violation of this section, the court shall

29  order imprisonment for not less than 10 days. The court must

30  also, as a condition of probation, order the impoundment or

31  immobilization of the vessel that was operated by or in the

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  1  actual control of the defendant or any one vehicle registered

  2  in the defendant's name at the time of impoundment or

  3  immobilization, for a period of 30 days or for the unexpired

  4  term of any lease or rental agreement that expires within 30

  5  days. The impoundment or immobilization must not occur

  6  concurrently with the incarceration of the defendant.  The

  7  impoundment or immobilization order may be dismissed in

  8  accordance with paragraph (e) or paragraph (f). At least 48

  9  hours of confinement must be consecutive.

10         (c)  For the third or subsequent conviction for an

11  offense that occurs within a period of 10 years after the date

12  of a prior conviction for violation of this section, the court

13  shall order imprisonment for not less than 30 days. The court

14  must also, as a condition of probation, order the impoundment

15  or immobilization of the vessel that was operated by or in the

16  actual control of the defendant or any one vehicle registered

17  in the defendant's name at the time of impoundment or

18  immobilization, for a period of 90 days or for the unexpired

19  term of any lease or rental agreement that expires within 90

20  days. The impoundment or immobilization must not occur

21  concurrently with the incarceration of the defendant.  The

22  impoundment or immobilization order may be dismissed in

23  accordance with paragraph (e) or paragraph (f). At least 48

24  hours of confinement must be consecutive.

25         (d)  The court must at the time of sentencing the

26  defendant issue an order for the impoundment or immobilization

27  of a vessel. Within 7 business days after the date that the

28  court issues the order of impoundment, and once again 30

29  business days before the actual impoundment or immobilization

30  of the vessel, the clerk of the court must send notice by

31  certified mail, return receipt requested, to the registered

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  1  owner of each vessel, if the registered owner is a person

  2  other than the defendant, and to each person of record

  3  claiming a lien against the vessel.

  4         (e)  A person who owns but was not operating the vessel

  5  when the offense occurred may submit to the court a police

  6  report indicating that the vessel was stolen at the time of

  7  the offense or documentation of having purchased the vessel

  8  after the offense was committed from an entity other than the

  9  defendant or the defendant's agent. If the court finds that

10  the vessel was stolen or that the sale was not made to

11  circumvent the order and allow the defendant continued access

12  to the vessel, the order must be dismissed and the owner of

13  the vessel will incur no costs. If the court denies the

14  request to dismiss the order of impoundment or immobilization,

15  the petitioner may request an evidentiary hearing.

16         (f)  A person who owns but was not operating the vessel

17  when the offense occurred, and whose vessel was stolen or who

18  purchased the vessel after the offense was committed directly

19  from the defendant or the defendant's agent, may request an

20  evidentiary hearing to determine whether the impoundment or

21  immobilization should occur. If the court finds that either

22  the vessel was stolen or the purchase was made without

23  knowledge of the offense, that the purchaser had no

24  relationship to the defendant other than through the

25  transaction, and that such purchase would not circumvent the

26  order and allow the defendant continued access to the vessel,

27  the order must be dismissed and the owner of the vessel will

28  incur no costs.

29         (g)  All costs and fees for the impoundment or

30  immobilization, including the cost of notification, must be

31  paid by the owner of the vessel or, if the vessel is leased or

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  1  rented, by the person leasing or renting the vessel, unless

  2  the impoundment or immobilization order is dismissed.

  3         (h)  The person who owns a vessel that is impounded or

  4  immobilized under this  paragraph, or a person who has a lien

  5  of record against such a vessel and who has not requested a

  6  review of the impoundment pursuant to paragraph (e) or

  7  paragraph (f), may, within 10 days after the date that person

  8  has knowledge of the location of the vessel, file a complaint

  9  in the county in which the owner resides to determine whether

10  the vessel was wrongfully taken or withheld from the owner or

11  lienholder. Upon the filing of a complaint, the owner or

12  lienholder may have the vessel released by posting with the

13  court a bond or other adequate security equal to the amount of

14  the costs and fees for impoundment or immobilization,

15  including towing or storage, to ensure the payment of the

16  costs and fees if the owner or lienholder does not prevail.

17  When the bond is posted and the fee is paid as set forth in s.

18  28.24, the clerk of the court shall issue a certificate

19  releasing the vessel. At the time of release, after reasonable

20  inspection, the owner or lienholder must give a receipt to the

21  towing or storage company indicating any loss or damage to the

22  vessel or to the contents of the vessel.

23         (i)  A defendant, in the court's discretion, may be

24  required to serve all or any portion of a term of imprisonment

25  to which the defendant has been sentenced pursuant to this

26  section in a residential alcoholism treatment program or a

27  residential drug abuse treatment program. Any time spent in

28  such a program must be credited by the court toward the term

29  of imprisonment.

30

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  1  For the purposes of this section, any conviction for a

  2  violation of s. 316.193, a previous conviction for the

  3  violation of former s. 316.1931, former s. 327.351, former s.

  4  860.01, or former s. 316.028, or a previous conviction outside

  5  this state for driving or boating under the influence, driving

  6  or boating while intoxicated, driving or boating with an

  7  unlawful blood-alcohol level, driving or boating with an

  8  unlawful breath-alcohol level, or any other similar

  9  alcohol-related or drug-related traffic or boating offense, is

10  also considered a previous conviction for violation of this

11  section.

12         (10)  It is the intent of the Legislature to encourage

13  boaters to have a "designated driver"; therefore, this section

14  does not apply to a person on a vessel that is docked or

15  otherwise made fast to the shore and does not apply to a

16  vessel owner or operator who is not in actual physical control

17  of the vessel and who has designated a driver who does not

18  consume any alcoholic beverages, any chemical substance set

19  forth in s. 877.111, or any substance controlled under chapter

20  893.

21         Section 12.  Paragraph (a) of subsection (1) of section

22  327.355, Florida Statutes, is amended to read:

23         327.355  Operation of vessels by persons under 21 years

24  of age who have consumed alcoholic beverages.--

25         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

26  person under the age of 21 who has a breath-alcohol level of

27  0.02 percent or higher to operate or be in actual physical

28  control of a vessel.

29         Section 13.  Paragraph (a) of subsection (2) of section

30  327.36, Florida Statutes, is amended to read:

31

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  1         327.36  Mandatory adjudication; prohibition against

  2  accepting plea to lesser included offense.--

  3         (2)(a)  A No trial judge may not accept a plea of

  4  guilty to a lesser offense from a person who is charged with a

  5  violation of  s. 327.35, manslaughter resulting from the

  6  operation of a vessel, or vessel homicide and who has been

  7  given a breath or blood test to determine blood or breath

  8  alcohol content, the results of which show a blood-alcohol

  9  level blood or breath-alcohol level breath alcohol content by

10  weight of 0.16 percent or more.

11         Section 14.  Subsection (2) of section 327.37, Florida

12  Statutes, is amended to read:

13         327.37  Water skis, parasails, and aquaplanes

14  regulated.--

15         (2)(a)  A person may not engage in water skiing,

16  parasailing, aquaplaning, or any similar activity at any time

17  between the hours from one-half hour after sunset to one-half

18  hour before sunrise.

19         (b)  A person may not engage in water skiing,

20  parasailing, aquaplaning, or any similar activity unless such

21  person is wearing a noninflatable type I, type II, type III,

22  or noninflatable type V personal flotation device approved by

23  the United States Coast Guard.

24         Section 15.  Section 327.39, Florida Statutes, is

25  amended to read:

26         327.39  Personal watercraft; additional regulations

27  regulated.--

28         (1)  A person may not operate a personal watercraft

29  unless each person riding on or being towed behind such vessel

30  is wearing a type I, type II, type III, or type V personal

31

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  1  flotation device, other than an inflatable device, approved by

  2  the United States Coast Guard.

  3         (2)  A person operating a personal watercraft equipped

  4  by the manufacturer with a lanyard type engine cutoff switch

  5  must attach such lanyard to his or her person, clothing, or

  6  personal flotation device as is appropriate for the specific

  7  vessel.

  8         (3)  A person may not operate a personal watercraft at

  9  any time between the hours from one-half hour after sunset to

10  one-half hour before sunrise. However, an agent or employee of

11  a fire or emergency rescue service is exempt from this

12  subsection while performing his or her official duties.

13         (4)  A personal watercraft must at all times be

14  operated in a reasonable and prudent manner.  Maneuvers which

15  unreasonably or unnecessarily endanger life, limb, or

16  property, including, but not limited to, weaving through

17  congested vessel traffic, jumping the wake of another vessel

18  unreasonably or unnecessarily close to such other vessel or

19  when visibility around such other vessel is obstructed, and

20  swerving at the last possible moment to avoid collision shall

21  constitute reckless operation of a vessel, as provided in s.

22  327.33(1). Any person operating a personal watercraft must

23  comply with the provisions of s. 327.33.

24         (5)(a)  A No person under the age of 14 may not shall

25  operate any a personal watercraft on the waters of this state.

26         (b)  A person under the age of 18 may not operate any

27  leased, hired, or rented personal watercraft on the waters of

28  this state; except that a person 16 or 17 years of age may

29  operate a leased, hired, or rented personal watercraft if

30  accompanied by a person at least 18 years of age, both at the

31  time of rental and who is on board and in command during all

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  1  phases of operation, and if both persons have complied with s.

  2  327.395 when applicable.

  3         (6)(a)  It is unlawful for the owner of any personal

  4  watercraft or any person having charge over or control of a

  5  personal watercraft to authorize or knowingly permit the same

  6  to be operated by a person under 14 years of age in violation

  7  of this section.

  8         (b)  It is unlawful for the owner of any leased, hired,

  9  or rented personal watercraft or any person having charge over

10  or control of a leased, hired, or rented personal watercraft

11  to authorize or knowingly permit the watercraft to be operated

12  by:

13         1.  Any person under 18 years of age in violation of

14  this section; except that a person 16 or 17 years of age may

15  operate a leased, hired, or rented personal watercraft if

16  accompanied by a person at least 18 years of age, both at the

17  time of rental and who is on board and in command during all

18  phases of operation, and if both persons have complied with s.

19  327.395 when applicable; or

20         2.  Any person who has not received instruction in the

21  safe handling of personal watercraft, in compliance with rules

22  established by the commission, and signed a written statement

23  attesting to the same.  The commission shall establish rules

24  prescribing the instructions to be given, which shall take

25  into account the nature and operational characteristics of

26  personal watercraft and general principles and regulations

27  pertaining to boating safety.

28         (c)  Any person who violates this subsection commits

29  shall be guilty of a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31

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  1         (7)  This section does not apply to a performer engaged

  2  in a professional exhibition or a person preparing to

  3  participate or participating in a regatta, race, marine

  4  parade, tournament, or exhibition held in compliance with s.

  5  327.48.

  6         Section 16.  Effective July 1, 2001, paragraph (a) of

  7  subsection (5) and paragraph (a) of subsection (6) of section

  8  327.39, Florida Statutes, are amended to read:

  9         327.39  Personal watercraft; additional regulations.--

10         (5)(a)  A No person under the age of 15 may not 14

11  shall operate any personal watercraft on the waters of this

12  state.

13         (6)(a)  It is unlawful for the owner of any personal

14  watercraft or any person having charge over or control of a

15  personal watercraft to authorize or knowingly permit the same

16  to be operated by a person under 15 14 years of age in

17  violation of this section.

18         Section 17.  Subsection (1) of section 327.395, Florida

19  Statutes, is amended to read:

20         327.395  Boating safety identification cards.--

21         (1)  Until October 1, 2006 2001, a person born after

22  September 30, 1980, and on or after October 1, 2006 2001, a

23  person 26 21 years of age or younger may not operate a vessel

24  powered by a motor of 10 horsepower or greater unless such

25  person has in his or her possession aboard the vessel

26  photographic identification and a boater safety identification

27  card issued by the commission which shows that he or she has:

28         (a)  Completed a commission-approved boater education

29  course that meets the minimum 8-hour instruction requirement

30  established by the National Association of State Boating Law

31  Administrators;

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  1         (b)  Passed a course equivalency examination approved

  2  by the commission; or

  3         (c)  Passed a temporary certificate examination

  4  developed or approved by the commission.

  5         Section 18.  Section 327.40, Florida Statutes, is

  6  amended to read:

  7         327.40  Uniform waterway markers for safety and

  8  navigation.--

  9         (1)  Waterways in Florida, unmarked by the Coast Guard,

10  which need marking for safety or navigation purposes, shall be

11  marked under the United States Aids to Navigation System, 33

12  C.F.R. part 62. Until December 31, 2003, channel markers and

13  obstruction markers conforming to the Uniform State Waterway

14  Marking System, 33 C.F.R. subpart 66.10 may continue to be

15  used on state waters that are not navigable waters of the

16  United States Uniform Safety and Navigation System adopted by

17  the advisory panel of state officials to the Merchant Marine

18  Council of the United States Coast Guard.

19         (2)  Application for marking inland lakes and state

20  waters and any navigable waters under concurrent jurisdiction

21  of the Coast Guard and the division shall be made to the

22  division, accompanied by a map locating the approximate

23  placement of markers, a list of the markers to be placed, a

24  statement of the specifications of the markers, a statement of

25  concerning the purpose of marking, and the names of persons

26  responsible for the placement and upkeep of such markers. The

27  division shall assist the applicant in securing will secure

28  the proper permission from the Coast Guard where required,

29  make such investigations as needed and issue a permit.  The

30  division shall furnish the applicant with the information

31  concerning the system adopted and the rules regulations

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  1  existing for placing and maintaining the uniform safety and

  2  navigation markers.  The division shall keep records of all

  3  approvals given and counsel with individuals, counties,

  4  municipalities, motorboat clubs, or other groups desiring to

  5  mark waterways for safety and navigation purposes in Florida.

  6         (3)  The placement of any safety or navigation marker

  7  on state submerged lands under this section does not subject

  8  such lands to the lease requirements of chapter 253.

  9  Aquaculture leaseholds shall be marked as required by this

10  section, however, the commission may approve alternative

11  marking requirements as a condition of the lease pursuant to

12  s. 253.68. This section notwithstanding, a permit is not

13  required for the placement of markers required by such a

14  lease.

15         (4)  A person, municipality, county, or other

16  governmental entity may not place any safety or navigation

17  markers in, on, or over state waters or shores without a

18  permit from the division.

19         Section 19.  Section 327.41, Florida Statutes, is

20  amended to read:

21         327.41  Uniform waterway regulatory markers.--

22         (1)  The Fish and Wildlife Conservation Commission

23  shall adopt rules and regulations pursuant to chapter 120

24  establishing a uniform system of regulatory markers for state

25  waters which is the Florida Intracoastal Waterway, compatible

26  with the system of regulatory markers prescribed by the United

27  States Coast Guard in the United States Aids to Navigational

28  System, 33 C.F.R., part 62, and shall give due regard to the

29  System of Uniform Waterway Markers approved by the Advisory

30  Panel of State Officials to the Merchant Marine Council,

31  United States Coast Guard.

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  1         (2)  Any county or municipality that which has been

  2  granted a restricted area designation, pursuant to s. 327.46,

  3  for a portion of the Florida Intracoastal Waterway within its

  4  jurisdiction or that has adopted a restricted area by

  5  ordinance pursuant to s. 370.12(2)(o), s. 327.22, or s.

  6  327.60, or any other governmental entity that has legally

  7  established a restricted area, may apply to the Fish and

  8  Wildlife Conservation Commission for permission to place

  9  regulatory markers within the restricted area.

10         (3)  Application for placing regulatory markers on the

11  Florida Intracoastal Waterway shall be made to the Fish and

12  Wildlife Conservation Commission, as provided in s. 327.40

13  Division of Marine Resources, accompanied by a map locating

14  the approximate placement of the markers, a statement of the

15  specification of the markers, a statement of purpose of the

16  markers, and a statement of the city or county responsible for

17  the placement and upkeep of the markers.

18         (4)  A No person, or municipality, county, or other

19  governmental entity may not shall place any regulatory markers

20  in, on, or over any state waters or shores the Florida

21  Intracoastal Waterway without a permit from the Fish and

22  Wildlife Conservation Commission pursuant to s. 327.40

23  Division of Marine Resources.

24         (5)  Aquaculture leaseholds shall be marked as required

25  by this section, and the commission may approve alternative

26  marking requirements as a condition of the lease pursuant to

27  s. 253.68.  The provisions of this section notwithstanding, no

28  permit shall be required for the placement of markers required

29  by such a lease.

30

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  1         (6)  The commission may is authorized to adopt rules

  2  pursuant to chapter 120 to administer implement the provisions

  3  of this section and s. 327.40.

  4         Section 20.  Section 327.46, Florida Statutes, is

  5  amended to read:

  6         327.46  Restricted areas.--

  7         (1)(a)  The commission may shall have the authority for

  8  establishing, by rule pursuant to chapter 120, establish

  9  restricted areas on the waters of the state for any purpose

10  deemed necessary for the safety of the public, including, but

11  not limited to, vessel boat speeds and vessel boat traffic

12  where such restrictions are deemed necessary based on boating

13  accidents, visibility, hazardous currents or water levels

14  tides, vessel-traffic congestion, or other navigational

15  hazards.  Each such restricted area shall be developed in

16  consultation and coordination with the governing body of the

17  county or municipality in which the restricted area is located

18  and, where required, with United States Coast Guard and the

19  United States Army Corps of Engineers.  Restricted areas shall

20  be established by the commission in accordance with procedures

21  under chapter 120.

22         (b)  Restricted areas on waters other than the Florida

23  Intracoastal Waterway may be created only for public safety

24  purposes, as provided in paragraph (a), by counties and

25  municipalities by ordinance pursuant to s. 327.60. The

26  commission may provide consultation and assistance in the

27  development of such restricted areas and shall, upon request

28  from a local government, coordinate consultation and

29  cooperation with the United States Coast Guard and the United

30  States Army Corps of Engineers.

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  1         (2)  It is unlawful for any person to operate a vessel

  2  in a prohibited manner or to carry on any prohibited activity

  3  as defined in this chapter deemed a safety hazard or

  4  interference with navigation as provided above within a

  5  restricted water area that which has been clearly marked by

  6  regulatory markers buoys or some other distinguishing device

  7  as a bathing or otherwise restricted area in accordance with

  8  and marked as authorized under this chapter.; provided, that

  9         (3)  This section shall not apply in the case of an

10  emergency or to a law enforcement, fire-fighting, patrol or

11  rescue vessel owned or operated by a governmental entity

12  craft.

13         Section 21.  Section 327.49, Florida Statutes, is

14  created to read:

15         327.49  Testing vessels and vessel motors.--Subject to

16  reasonable rules adopted by the commission, manufacturers of

17  vessels and vessel motors operating test facilities may test

18  such vessels or vessel motors on the waters to ensure that

19  they meet generally accepted boating safety standards.

20         Section 22.  Section 327.54, Florida Statutes, is

21  amended to read:

22         327.54  Liveries; safety regulations; penalty.--

23         (1)  A livery may not knowingly lease, hire, or rent a

24  vessel to any person:

25         (a)  When the number of persons intending to use the

26  vessel exceeds the number considered to constitute a maximum

27  safety load for the vessel as specified on the authorized

28  persons capacity plate of the vessel.

29         (b)  When the horsepower of the motor exceeds the

30  capacity of the vessel.

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  1         (c)  When the vessel does not contain the required

  2  safety equipment required under s. 327.50.

  3         (d)  When the vessel is not seaworthy.

  4         (e)  When the vessel is equipped with a motor of 10

  5  horsepower or greater, unless the livery provides there is a

  6  prerental or preride instruction that includes: in the safe

  7  operation of the vessel by the livery.

  8         1.  Operational characteristics of the vessel to be

  9  rented.

10         2.  Safe vessel operation and vessel right-of-way.

11         3.  The responsibility of the vessel operator for the

12  safe and proper operation of the vessel.

13         4.  Local characteristics of the waterway where the

14  vessel will be operated.

15

16  Any person delivering the information specified in this

17  paragraph must have successfully completed a boater safety

18  course approved by the National Association of State Boating

19  Law Administrators and this state.

20         (f)  Unless the livery displays boating safety

21  information in a place visible to the renting public.  The

22  commission shall prescribe, by rule, the contents and size of

23  the boating safety information to be displayed.

24         (2)  A livery may not knowingly lease, hire, or rent

25  any vessel powered by a motor of 10 horsepower or greater to

26  any person who is required to comply with s. 327.395, unless

27  such person presents a valid boater safety identification card

28  to the livery.

29         (3)  If a vessel is unnecessarily overdue, the livery

30  shall notify the proper authorities.

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  1         (4)(a)  A livery may not lease, hire, or rent a

  2  personal watercraft to any person who is under 18 16 years of

  3  age, nor may it permit such personal watercraft to be operated

  4  by a person who is under 18 years of age; except that a livery

  5  may permit a person 16 or 17 years of age to operate such

  6  personal watercraft if that person is accompanied by a person

  7  at least 18 years of age at the time of rental and who is on

  8  board and in command during all phases of operation and if

  9  both have complied with s. 327.395 when applicable lease,

10  hire, or rent such watercraft or other vessel to any other

11  person, unless the livery displays boating safety information

12  about the safe and proper operation of vessels.

13         (b)  A livery may not knowingly lease, hire, or rent a

14  personal watercraft to any person who has not and requires a

15  signature by the lessee that he or she has received

16  instruction in the safe handling of the personal watercraft,

17  in compliance with rules standards established by the

18  commission, and signed a written statement attesting to the

19  same department.

20         (5)  A livery may not lease, hire, or rent any personal

21  watercraft or offer to lease, hire, or rent any personal

22  watercraft unless the livery carries a policy from a licensed

23  insurance carrier in this state, insuring against any

24  accident, loss, injury, property damage, or other casualty

25  caused by or resulting from the operation of the personal

26  watercraft. The insurance policy shall provide coverage of at

27  least $500,000 per person and $1 million per event. The livery

28  must have proof of such insurance available for inspection at

29  the location where personal watercraft are being leased,

30  hired, or rented and shall provide to each renter the

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  1  insurance carrier's name and address and the insurance policy

  2  number.

  3         (6)(5)  Any person convicted of violating this section

  4  is guilty of a misdemeanor of the second degree, punishable as

  5  provided in s. 775.082 or s. 775.083.

  6         (6)  When the livery has complied with subsections (1),

  7  (2), (3), and (4), its liability ceases and the person leasing

  8  the vessel from the livery is liable for any violations of

  9  this chapter and is personally liable for any accident or

10  injury occurring while in charge of such vessel.

11         Section 23.  Section 327.72, Florida Statutes, is

12  amended to read:

13         327.72  Penalties.--Any person failing to comply with

14  the provisions of this chapter or chapter 328 not specified in

15  s. 327.73 or not paying the civil penalty fine specified in

16  that said section within 30 10 days, except as otherwise

17  provided in this chapter or chapter 328, is guilty of a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083.

20         Section 24.  Subsections (1) and (4) of section 327.73,

21  Florida Statutes, are amended, and subsections (9), (10), and

22  (11) are added to that section to read:

23         327.73  Noncriminal infractions.--

24         (1)  Violations of the following provisions of the

25  vessel laws of this state are noncriminal infractions:

26         (a)  Section 328.46, relating to operation of

27  unregistered and unnumbered vessels.

28         (b)  Section 328.48(4), relating to display of number

29  and possession of registration certificate.

30         (c)  Section 328.48(5), relating to display of decal.

31         (d)  Section 328.52(2), relating to display of number.

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  1         (e)  Section 328.54, relating to spacing of digits and

  2  letters of identification number.

  3         (f)  Section 328.60, relating to military personnel and

  4  registration of vessels.

  5         (g)  Section 328.72(14), relating to operation with an

  6  expired registration.

  7         (h)  Section 327.33(2), relating to careless operation.

  8         (i)  Section 327.37, relating to water skiing,

  9  aquaplaning, parasailing, and similar activities.

10         (j)  Section 327.44, relating to interference with

11  navigation.

12         (k)  Violations relating to restricted areas and speed

13  limits:

14         1.  Established by the department pursuant to s.

15  327.46.

16         2.  Established by local governmental authorities

17  pursuant to s. 327.22 or s. 327.60.

18         3.  Speed limits established pursuant to s. 370.12(2).

19         (l)  Section 327.48, relating to regattas and races.

20         (m)  Section 327.50(1) and (2), relating to required

21  safety equipment, lights, and shapes.

22         (n)  Section 327.65, relating to muffling devices.

23         (o)  Section 327.33(3)(b), relating to navigation

24  rules.

25         (p)  Section 327.39(1), (2), (3), and (5), relating to

26  personal watercraft.

27         (q)  Section 327.53(1), (2), and (3), relating to

28  marine sanitation.

29         (r)  Section 327.53(4), (5), and (7), relating to

30  marine sanitation, for which the civil penalty is $250.

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  1         (s)  Section 327.395, relating to boater safety

  2  education.

  3         (t)  Section 327.52(3), relating to operation of

  4  overloaded or overpowered vessels.

  5         (u)  Section 327.331, relating to divers-down flags,

  6  for which the civil penalty is $75.

  7

  8  Any person cited for a violation of any such provision shall

  9  be deemed to be charged with a noncriminal infraction, shall

10  be cited for such an infraction, and shall be cited to appear

11  before the county court. The civil penalty for any such

12  infraction is $50, except as otherwise provided in this

13  section. Any person who fails to appear or otherwise properly

14  respond to a uniform boating citation shall, in addition to

15  the charge relating to the violation of the boating laws of

16  this state, be charged with the offense of failing to respond

17  to such citation and, upon conviction, be guilty of a

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083. A written warning to this effect shall

20  be provided at the time such uniform boating citation is

21  issued.

22         (4)  Any person charged with a noncriminal infraction

23  under this section may:

24         (a)  Pay the civil penalty, either by mail or in

25  person, within 30 10 days of the date of receiving the

26  citation; or

27         (b)  If he or she has posted bond, forfeit bond by not

28  appearing at the designated time and location.

29

30  A If the person who cited follows either of the above

31  procedures, he or she shall be deemed to have admitted the

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  1  infraction and to have waived the right to a hearing on the

  2  issue of commission of the infraction.  Such admission may

  3  shall not be used as evidence in any other proceedings.

  4         (9)(a)  A person who does not comply with the court's

  5  requirements or who does not pay the civil penalties specified

  6  in this section within 30 days must pay additional court costs

  7  of $12, which shall be used by the clerks of the courts to

  8  defray the costs of tracking unpaid uniform boating citations.

  9         (b)  A person who does not comply with the court's

10  requirements as to civil penalties specified in this section

11  because of demonstrable financial hardship may satisfy such

12  civil penalties by public works or community service. Each

13  hour of such service shall be applied at the rate of the

14  minimum wage toward payment of the person's civil penalties.

15  However, if the person has a trade or profession for which

16  there is a community service need and application, the rate

17  for each hour of such service shall be the average standard

18  wage for such trade or profession. A person who does not

19  comply with the court's requirements as to such civil

20  penalties and does not demonstrate financial hardship may

21  also, at the discretion of the court, satisfy the civil

22  penalties by public works or community service in the same

23  manner.

24         (c)  If the noncriminal infraction has caused or

25  resulted in the death of another, the court may require the

26  violator to perform 120 community service hours in addition to

27  any other penalties.

28         (10)  A person cited for any infraction that results in

29  an accident that causes the death or serious bodily injury of

30  another person, as defined in s. 327.353(1), may not avoid a

31  court appearance under subsection (4).

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  1         (11)(a)  Court costs, in addition to the civil penalty,

  2  shall be imposed by the court in an amount not less than:

  3         1.  For swimming or diving infractions..............$3.

  4         2.  For nonmoving boating infractions...............$6.

  5         3.  For boating infractions listed in s. 327.731(1)

  6  ..........................................................$10.

  7         (b)  In addition to the court costs, the court shall

  8  impose a $3 court cost surcharge for each infraction to be

  9  distributed as provided in s. 938.01 and a $2 court cost as

10  provided in s. 938.15 when assessed by a municipality or

11  county.

12         (c)  Court costs imposed under this subsection may not

13  exceed $30. A criminal justice selection center or other local

14  criminal justice access and assessment center may be funded

15  from these court costs.

16         Section 25.  Subsection (1) of section 327.731, Florida

17  Statutes, is amended to read:

18         327.731  Mandatory education for violators.--

19         (1)  Every person convicted of a criminal violation of

20  this chapter, every person convicted of a noncriminal

21  infraction under this chapter if the infraction resulted in a

22  reportable boating accident, and every person convicted of two

23  noncriminal infractions as defined in s. 327.73(1)(h) through

24  (k), (m) through (p), and (s) through (u), and (t), said

25  infractions occurring within a 12-month period, must:

26         (a)  Enroll in, attend, and successfully complete, at

27  his or her own expense, a boating safety course that meets

28  minimum standards established by the commission by rule;

29  however, the commission may provide by rule pursuant to

30  chapter 120 for waivers of the attendance requirement for

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  1  violators residing in areas where classroom presentation of

  2  the course is not available;

  3         (b)  File with the commission within 90 days proof of

  4  successful completion of the course;

  5         (c)  Refrain from operating a vessel until he or she

  6  has filed the proof of successful completion of the course

  7  with the commission.

  8

  9  Any person who has successfully completed an approved boating

10  course shall be exempt from these provisions upon showing

11  proof to the commission as specified in paragraph (b).

12         Section 26.  Section 327.732, Florida Statutes, is

13  created to read:

14         327.732  Sanctions for infractions by minors.--

15         (1)  If a court finds that a minor has committed a

16  violation of any provision of chapter 327, the court may also:

17         (a)  Reprimand or counsel the minor and the minor's

18  parents or guardian.

19         (b)  Require the minor to successfully complete a

20  commission-approved boater education course that meets the

21  minimum 8-hour instruction requirement established by the

22  National Association of State Boating Law Administrators.

23         (c)  Order the minor to remit to the general fund of

24  the local governmental body a sum not exceeding the maximum

25  fine applicable to an adult for a like offense.

26         (d)  Order the minor to participate in public service

27  or a community work project for a minimum number of hours. A

28  minor who participates in such a work program is considered an

29  employee of the state for the purposes of chapter 440.

30         (e)  Impose a curfew or other restriction on the minor

31  for not more than 6 months.

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  1         (2)  Failure to comply with any sanction imposed by the

  2  court constitutes contempt of court. Upon a finding by the

  3  court, after notice and a hearing, that a minor is in contempt

  4  of court, the court may:

  5         (a)  For a first offense, order the minor to serve up

  6  to 5 days in a staff-secure shelter, or, if space is a

  7  staff-secure shelter is unavailable, in a secure juvenile

  8  detention center.

  9         (b)  For a second for subsequent offense, order the

10  minor to serve up to 15 days in a staff-secure shelter or, if

11  space in a staff-secure shelter is unavailable, in a secure

12  juvenile detention center.

13         (3)  A minor may not be imprisoned in an adult

14  detention facility.

15         (4)  A minor who is arrested for a violation of s.

16  327.35 may be released from custody when:

17         (a)  The minor is no longer under the influence of the

18  alcohol, chemical substance, or controlled substance and is

19  not affected to the extent that his or her normal faculties

20  are impaired;

21         (b)  The minor's breath-alcohol level is less than

22  0.05; or

23         (c)  Six hours have elapsed after the minor's arrest.

24         Section 27.  Subsection (2) of section 328.48, Florida

25  Statutes, is amended to read:

26         328.48  Vessel registration, application, certificate,

27  number, decal, duplicate certificate.--

28         (2)  All vessels used operated on the waters of the

29  state must be registered, either commercial or recreational

30  noncommercial as defined herein, except as follows:

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  1         (a)  A vessel used exclusively on private lakes and

  2  ponds.

  3         (b)  A vessel owned by the United States Government.

  4         (c)  A vessel used exclusively as a ship's lifeboat.

  5         (d)  A non-motor-powered vessel.

  6         Section 28.  Section 328.56, Florida Statutes, is

  7  amended to read:

  8         328.56  Vessel registration number.--Each vessel that

  9  is used operated on the waters of the state must display a

10  commercial or recreational noncommercial Florida registration

11  number, unless it is:

12         (1)  A vessel used exclusively on private lakes and

13  ponds.

14         (2)  A vessel owned by the United States Government.

15         (3)  A vessel used exclusively as a ship's lifeboat.

16         (4)  A non-motor-powered vessel.

17         (5)  A federally documented vessel.

18         (6)  A vessel already covered by a registration number

19  in full force and effect which has been awarded to it pursuant

20  to a federally approved numbering system of another state or

21  by the United States Coast Guard in a state without a

22  federally approved numbering system, if the vessel has not

23  been within this state for a period in excess of 90

24  consecutive days.

25         (7)  A vessel operating under a valid temporary

26  certificate of number.

27         (8)  A vessel from a country other than the United

28  States temporarily using the waters of this state.

29         (9)  An undocumented vessel used exclusively for

30  racing.

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  1         Section 29.  Section 328.70, Florida Statutes, is

  2  amended to read:

  3         328.70  Legislative intent with respect to uniform

  4  registration fee, classification of vessels.--It is declared

  5  to be the intent of the Legislature that all vessels in the

  6  state be subject to a uniform registration fee at a rate based

  7  on the length of the vessels.  It is also declared to be the

  8  intent of the Legislature that all vessels be classified as

  9  either "commercial" or "recreational "noncommercial" and that

10  all such vessels be registered according to the provisions of

11  s. 328.72. Any vessel which is required to be registered and

12  meets the definition of a commercial vessel shall be

13  classified and registered as a "commercial vessel."  Any

14  vessel which is required to be registered and is not used

15  operated for commercial purposes shall be classified and

16  registered as a "recreational "noncommercial vessel." Livery

17  vessels shall be classified as commercial or recreational

18  based on the manner in which they are used.

19         Section 30.  Subsections (2) and (6) of section 328.72,

20  Florida Statutes, are amended to read:

21         328.72  Classification; registration; fees and charges;

22  surcharge; disposition of fees; fines; marine turtle

23  stickers.--

24         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

25         (a)  A vessel that is at least 30 years old, used only

26  for recreational noncommercial purposes, and powered by the

27  vessel's original-type power plant may be registered as an

28  antique vessel.  When applying for registration as an antique

29  vessel, the owner of such a vessel shall submit certification,

30  as prescribed by the Department of Highway Safety and Motor

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  1  Vehicles or from a marine surveyor that the vessel meets the

  2  requirements of this paragraph.

  3         (b)  The registration number for an antique vessel

  4  shall be permanently attached to each side of the forward half

  5  of the vessel displayed as provided in ss. 328.48 and 328.54.

  6         (c)  The Department of Highway Safety and Motor

  7  Vehicles may issue a decal identifying the vessel as an

  8  antique vessel. The decal shall be displayed as provided in

  9  ss. 327.11 and 327.14.

10         (6)  CHANGE OF CLASSIFICATION.--If the classification

11  of a vessel changes from recreational noncommercial to

12  commercial, or from commercial to recreational noncommercial,

13  and a current registration certificate has been issued to the

14  owner, the owner shall within 30 days forward his or her

15  certificate to the county tax collector with a fee of $2.25

16  and a new certificate shall be issued.

17         Section 31.  Subsection (1) of section 328.76, Florida

18  Statutes, is amended to read:

19         328.76  Marine Resources Conservation Trust Fund;

20  vessel registration funds; appropriation and distribution.--

21         (1)  Except as otherwise specified and less any

22  administrative costs, all funds collected from the

23  registration of vessels through the Department of Highway

24  Safety and Motor Vehicles and the tax collectors of the state

25  shall be deposited in the Marine Resources Conservation Trust

26  Fund for recreational channel marking; public launching

27  facilities; law enforcement and quality control programs;

28  aquatic weed control; manatee protection, recovery, rescue,

29  rehabilitation, and release; and marine mammal protection and

30  recovery. The funds collected pursuant to s. 328.72(1) shall

31  be transferred as follows:

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  1         (a)  In each fiscal year, an amount equal to $1 for

  2  each vessel registered in this state shall be transferred to

  3  the Save the Manatee Trust Fund for manatee and marine mammal

  4  research, protection, and recovery in accordance with the

  5  provisions of s. 370.12(4)(a).

  6         (b)  In addition, in each fiscal year, an amount equal

  7  to 50 cents for each vessel registered in this state shall be

  8  transferred to the Save the Manatee Trust Fund in accordance

  9  with the provisions of s. 370.12(4)(b) for use by those

10  facilities approved to rescue, rehabilitate, and release

11  manatees as authorized pursuant to the Fish and Wildlife

12  Service of the United States Department of the Interior.

13         (c)  Two dollars from each recreational noncommercial

14  vessel registration fee, except that for class A-1 vessels,

15  shall be transferred to the Invasive Plant Control Trust Fund

16  for aquatic weed research and control.

17         (d)  Forty percent of the registration fees from

18  commercial vessels shall be used for law enforcement and

19  quality control programs.

20         (e)  Forty percent of the registration fees from

21  commercial vessels shall be transferred to the Invasive Plant

22  Control Trust Fund for aquatic plant research and control.

23         (f)  Notwithstanding any other provision of this

24  subsection and except as provided in paragraphs (a) and (b),

25  fees from the registration of personal watercraft may not be

26  transferred from the Marine Resources Conservation Trust Fund

27  and may only be appropriated for increased on-the-water

28  enforcement of boating laws, rules, and ordinances.  However,

29  counties shall continue to receive the share of the fees

30  provided in s. 328.72(1).

31

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  1         Section 32.  Paragraph (b) of subsection (1) of section

  2  713.78, Florida Statutes, is amended to read:

  3         713.78  Liens for recovering, towing, or storing

  4  vehicles and undocumented vessels.--

  5         (1)  For the purposes of this section, the term:

  6         (b)  "Vessel" means any watercraft, barge, or air boat

  7  used or capable of being used for transportation on water,

  8  other than a seaplane or documented vessel as defined in s.

  9  327.02(8) has the same meaning as the term "undocumented

10  vessel" as defined in s. 327.02(36).

11         Section 33.  Subsection (2) of section 938.17, Florida

12  Statutes, is amended to read:

13         938.17  County delinquency prevention.--

14         (2)  In counties in which the sheriff's office is a

15  partner in a juvenile assessment center pursuant to s.

16  985.209, or a partner in a suspension program developed in

17  conjunction with the district school board in the county of

18  the sheriff's jurisdiction, the court shall assess court costs

19  of $3 per case, in addition to any other authorized cost or

20  fine, on every person who, with respect to a charge,

21  indictment, prosecution commenced, or petition of delinquency

22  filed in that county or circuit, pleads guilty, nolo

23  contendere to, or is convicted of, or adjudicated delinquent

24  for, or has an adjudication withheld for, a felony or

25  misdemeanor, or a criminal traffic or boating offense or

26  handicapped parking violation under state law, or a violation

27  of any municipal or county ordinance, if the violation

28  constitutes a misdemeanor under state law.

29         Section 34.  Subsection (3) of section 947.146, Florida

30  Statutes, is amended to read:

31         947.146  Control Release Authority.--

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  1         (3)  Within 120 days prior to the date the state

  2  correctional system is projected pursuant to s. 216.136 to

  3  exceed 99 percent of total capacity, the authority shall

  4  determine eligibility for and establish a control release date

  5  for an appropriate number of parole ineligible inmates

  6  committed to the department and incarcerated within the state

  7  who have been determined by the authority to be eligible for

  8  discretionary early release pursuant to this section.  In

  9  establishing control release dates, it is the intent of the

10  Legislature that the authority prioritize consideration of

11  eligible inmates closest to their tentative release date.  The

12  authority shall rely upon commitment data on the offender

13  information system maintained by the department to initially

14  identify inmates who are to be reviewed for control release

15  consideration.  The authority may use a method of objective

16  risk assessment in determining if an eligible inmate should be

17  released.  Such assessment shall be a part of the department's

18  management information system. However, the authority shall

19  have sole responsibility for determining control release

20  eligibility, establishing a control release date, and

21  effectuating the release of a sufficient number of inmates to

22  maintain the inmate population between 99 percent and 100

23  percent of total capacity.  Inmates who are ineligible for

24  control release are inmates who are parole eligible or inmates

25  who:

26         (a)  Are serving a sentence that includes a mandatory

27  minimum provision for a capital offense or drug trafficking

28  offense and have not served the number of days equal to the

29  mandatory minimum term less any jail-time credit awarded by

30  the court;

31

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  1         (b)  Are serving the mandatory minimum portion of a

  2  sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);

  3         (c)  Are convicted, or have been previously convicted,

  4  of committing or attempting to commit sexual battery, incest,

  5  or any of the following lewd or indecent assaults or acts:

  6  masturbating in public; exposing the sexual organs in a

  7  perverted manner; or nonconsensual handling or fondling of the

  8  sexual organs of another person;

  9         (d)  Are convicted, or have been previously convicted,

10  of committing or attempting to commit assault, aggravated

11  assault, battery, or aggravated battery, and a sex act was

12  attempted or completed during commission of such offense;

13         (e)  Are convicted, or have been previously convicted,

14  of committing or attempting to commit kidnapping, burglary, or

15  murder, and the offense was committed with the intent to

16  commit sexual battery or a sex act was attempted or completed

17  during commission of the offense;

18         (f)  Are convicted, or have been previously convicted,

19  of committing or attempting to commit false imprisonment upon

20  a child under the age of 13 and, in the course of committing

21  the offense, the inmate committed aggravated child abuse,

22  sexual battery against the child, or a lewd or lascivious

23  offense committed upon or in the presence of a person less

24  than 16 years of age;

25         (g)  Are sentenced, have previously been sentenced, or

26  have been sentenced at any time under s. 775.084, or have been

27  sentenced at any time in another jurisdiction as a habitual

28  offender;

29         (h)  Are convicted, or have been previously convicted,

30  of committing or attempting to commit assault, aggravated

31  assault, battery, aggravated battery, kidnapping,

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  1  manslaughter, or murder against an officer as defined in s.

  2  943.10(1), (2), (3), (6), (7), (8), or (9); against a state

  3  attorney or assistant state attorney; or against a justice or

  4  judge of a court described in Art. V of the State

  5  Constitution; or against an officer, judge, or state attorney

  6  employed in a comparable position by any other jurisdiction;

  7  or

  8         (i)  Are convicted, or have been previously convicted,

  9  of committing or attempting to commit murder in the first,

10  second, or third degree under s. 782.04(1), (2), (3), or (4),

11  or have ever been convicted of any degree of murder or

12  attempted murder in another jurisdiction;

13         (j)  Are convicted, or have been previously convicted,

14  of DUI manslaughter under s. 316.193(3)(c)3. or BUI

15  manslaughter under s. 327.35(3)(c)3., and are sentenced, or

16  have been sentenced at any time, as a habitual offender for

17  such offense, or have been sentenced at any time in another

18  jurisdiction as a habitual offender for such offense;

19         (k)1.  Are serving a sentence for an offense committed

20  on or after January 1, 1994, for a violation of the Law

21  Enforcement Protection Act under s. 775.0823(2), (3), (4), or

22  (5), and the subtotal of the offender's sentence points is

23  multiplied pursuant to former s. 921.0014 or s. 921.0024;

24         2.  Are serving a sentence for an offense committed on

25  or after October 1, 1995, for a violation of the Law

26  Enforcement Protection Act under s. 775.0823(2), (3), (4),

27  (5), (6), (7), or (8), and the subtotal of the offender's

28  sentence points is multiplied pursuant to former s. 921.0014

29  or s. 921.0024;

30         (l)  Are serving a sentence for an offense committed on

31  or after January 1, 1994, for possession of a firearm,

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  1  semiautomatic firearm, or machine gun in which additional

  2  points are added to the subtotal of the offender's sentence

  3  points pursuant to former s. 921.0014 or s. 921.0024; or

  4         (m)  Are convicted, or have been previously convicted,

  5  of committing or attempting to commit manslaughter,

  6  kidnapping, robbery, carjacking, home-invasion robbery, or a

  7  burglary under s. 810.02(2).

  8

  9  In making control release eligibility determinations under

10  this subsection, the authority may rely on any document

11  leading to or generated during the course of the criminal

12  proceedings, including, but not limited to, any presentence or

13  postsentence investigation or any information contained in

14  arrest reports relating to circumstances of the offense.

15         Section 35.  Subsections (1) and (2) of section 985.05,

16  Florida Statutes, are amended to read:

17         985.05  Court records.--

18         (1)  The clerk of the court shall make and keep records

19  of all cases brought before it pursuant to this part. The

20  court shall preserve the records pertaining to a child charged

21  with committing a delinquent act or violation of law until the

22  child reaches 24 years of age or reaches 26 years of age if he

23  or she is a serious or habitual delinquent child, until 5

24  years after the last entry was made, or until 3 years after

25  the death of the child, whichever is earlier, and may then

26  destroy them, except that records made of traffic or boating

27  offenses in which there is no allegation of delinquency may be

28  destroyed as soon as this can be reasonably accomplished. The

29  court shall make official records of all petitions and orders

30  filed in a case arising pursuant to this part and of any other

31

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  1  pleadings, certificates, proofs of publication, summonses,

  2  warrants, and writs that are filed pursuant to the case.

  3         (2)  The clerk shall keep all official records required

  4  by this section separate from other records of the circuit

  5  court, except those records pertaining to motor vehicle

  6  violations, which shall be forwarded to the Department of

  7  Highway Safety and Motor Vehicles, and those records

  8  pertaining to boating violations, which shall be forwarded to

  9  the Fish and Wildlife Conservation Commission. Except as

10  provided in ss. 943.053 and 985.04(4), official records

11  required by this part are not open to inspection by the

12  public, but may be inspected only upon order of the court by

13  persons deemed by the court to have a proper interest therein,

14  except that a child and the parents, guardians, or legal

15  custodians of the child and their attorneys, law enforcement

16  agencies, the Department of Juvenile Justice and its

17  designees, the Parole Commission, and the Department of

18  Corrections shall always have the right to inspect and copy

19  any official record pertaining to the child. The court may

20  permit authorized representatives of recognized organizations

21  compiling statistics for proper purposes to inspect, and make

22  abstracts from, official records under whatever conditions

23  upon the use and disposition of such records the court may

24  deem proper and may punish by contempt proceedings any

25  violation of those conditions.

26         Section 36.  Subsection (3) of section 985.212, Florida

27  Statutes, is amended to read:

28         985.212  Fingerprinting and photographing.--

29         (3)  This section does not prohibit the fingerprinting

30  or photographing of child or boating traffic violators. All

31  records of such traffic or boating violations shall be kept in

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  1  the full name of the violator and shall be open to inspection

  2  and publication in the same manner as adult traffic or boating

  3  violations. This section does not apply to the photographing

  4  of children by the Department of Juvenile Justice or the

  5  Department of Children and Family Services.

  6         Section 37.  Except as otherwise provided in this act,

  7  this act shall take effect July 1, 2000.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Revises provisions relating to boating safety laws.
      Includes certain alcohol-related boating offenses among
12    those considered previous offenses for purposes of DUI
      penalties. Clarifies provisions relating to courts with
13    jurisdiction over minors who commit traffic or boating
      violations. Revises definitions. Authorizes hearing
14    officers to hear boating violation cases. Provides for
      the adoption of rules. Clarifies local governments'
15    authority to regulate vessels in restricted areas.
      Prescribes accident report forms to be used for boating
16    accidents. Establishes a standard of care for vessel
      operators. Revises provisions related to the design and
17    use of divers-down flags and regulates the operation of
      vessels in the vicinity of such flags. Requires certain
18    violators to attend substance abuse treatment programs.
      Provides an exemption for boats with designated drivers.
19    Revises terminology relating to blood and breath-alcohol
      levels. Revises requirements regarding personal
20    floatation devises for skiing, parasailing, and
      aquaplaning. Revises certain restrictions on the
21    operation of personal watercraft and restricts the rental
      or leasing of such crafts to certain persons. Revises the
22    boating safety identification card requirements. Revises
      standards for the placement of certain markers on state
23    waters. Revises requirements regarding the establishment
      of restricted areas. Authorizes the testing of vessels
24    and motors on state waters. Requires liveries to carry
      insurance and adhere to other guidelines. Extends the
25    time within which to pay certain penalties. Establishes
      additional court costs for certain violators and provides
26    alternative penalties. Requires certain persons who
      violate divers-down flag laws to attend boating safety
27    classes. Provides penalties for minors convicted of
      boating infractions. Provides location requirements for
28    the placement of registration numbers on antique vessels.
      Limits the use of personal watercraft registration fees.
29    Provides that certain inmates convicted of specified BUI
      offenses are ineligible for control release. Requires the
30    clerk of the court to destroy certain boating violation
      records and send records to the commission. Provides for
31    the fingerprinting of juvenile boating violators. (See
      bill for details.)
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